Santa Ana City Council
February 1, 2022

2 4
1 0
Monitoring
As part of the requirements for these loans, staff must monitor the owner-occupancy of single-family homes that have received loans, and the building code compliance of units in rental projects with long-term affordability covenants. During this quarter, 56 owner- occupancy recertification letters were mailed and 33 were returned and processed. This number includes letters sent from previous months.

On-site compliance monitoring of the tenant files was not conducted this quarter due to COVID-19. On-site compliance monitoring of the tenant files is scheduled to begin in January 2022. HUD had temporarily waived the requirement for ongoing periodic inspections of HOME-assisted rental housing through September 30, 2021. Staff is in the final stages of hiring a Residential Construction Specialist to also conduct ongoing periodic inspections.

Renter Protections
The Santa Ana City Council adopted two new ordinances to help protect renters: a Rent Stabilization Ordinance, which limits residential rent increases to the lower of 3% or 80% of consumer price index (CPI) per year, and a Just Cause Eviction Ordinance, which limits the allowed reasons for which a renter can be evicted. The new ordinances became effective on November 19, 2021, and expand on existing protections under the California Tenant Protection Act of 2019.

Since then, flyers, frequently asked questions, and press releases have been circulated to the community. The City has also created a website devoted to the ordinances, which includes related documents and updates (www.santa-ana.org/renterprotections).

City staff, in collaboration with the consultant (RSG), have conducted the following community workshops in English, Spanish, and Vietnamese to provide a general overview of the Ordinances:
#1 November 17, 2021: 70 attendees via Zoom
#2 December 8, 2021: 55 attendees (Spanish speakers) via Zoom #3 December 22, 2021: 44 attendees via Zoom
#4 January 11, 2022: 35 attendees via Zoom
The following workshops have also been scheduled:
#5 January 25, 2022
#6 February 8, 2022
In the meantime, City staff and RSG have been responding to various inquiries via email and phone. Below is a breakdown on the number of inquiries received during this quarter.

Month # of Inquiries
October 2021 34
November 2021 231
City Council 8 – 3 2/1/2022
Quarterly Report for Housing Division Projects and Activities February 1, 2022

2 4
1 0
December 2021 215
Total 480
Available Funds and Land Assets for Affordable Housing Development Projects The City of Santa Ana and the Housing Authority acting as the Housing Successor Agency manages multiple sources of local, state and federal funds to promote and facilitate the development of affordable housing as well as land assets held by the Housing Authority. Exhibit 1 provides a summary of the funds available as of December 30, 2021. Exhibit 2 provides a summary of available land assets.

Housing Opportunity Ordinance
On-Site Development:

Since 2011, a total of 33 units have been developed on-site as a result of the ordinance, including 23 ownership units for-sale and 10 rental units:

Units Built On-Site
Ownership Rental Total
23 10 33
In-Lieu Fees Generated:

All in-lieu fees, penalties and other monies collected pursuant to the Housing Opportunity Ordinance, including interest, are deposited into the Inclusionary Housing Fund. Since inception, the Inclusionary Housing Fund has generated $28,204,992 to be used for the development of housing affordable to low- and moderate-income households, with a reasonable amount spent on administrative or related expenses associated with the administration of the Housing Opportunity Ordinance. In-lieu fees generated have been used to develop new affordable housing opportunities, provide emergency shelter, and create homeownership opportunities. Below is a summary of how in-lieu fees have been used by the City:

Project Inclusionary Housing
Funds SPENT # of Units Address
Santa Ana Arts
Collective $4,775,000 57 1666 N Main Street
Tiny Tim Plaza $1,300,000 50 2239 West 5th Street
The Link Interim
Emergency Shelter $4,140,295 N/A 2320 S Red Hill
Avenue
TOTAL $10,215,295 107
City Council 8 – 4 2/1/2022
Quarterly Report for Housing Division Projects and Activities February 1, 2022

2 4
1 0
Project Inclusionary Housing
Funds COMMITTED # of Units Address
Habitat for Humanity
“Lacy & Vance” $565,271 2 416 Vance Street & 826
N Lacy Street
Westview House $1,514,113 84 2530 and 2534
Westminster Avenue
WISE Place Steps to
Independence Public
Service Program
$90,000 N/A N/A
Down Payment
Assistance $1,250,000 N/A N/A
TOTAL $3,419,384 86
Affordable Housing Development Projects
There are two affordable housing projects under construction, and four affordable housing projects in pre-development. Following approval by City Council, staff also issued an RFP for Affordable Housing Development on December 8, 2021 to finance the development of additional affordable housing projects. Below is a brief summary and status update for each project. Exhibit 3 provides a development timeline for each project.

Projects under Construction
Legacy Square (609 N Spurgeon Street)
Developer National Community Renaissance with Mercy House as the service provider
Description
New construction of a 100% affordable multifamily apartment complex consisting of 92 units of rental housing and one manager’s unit. All units will be affordable to households earning less than 60% AMI of which 33 units will be set-aside for permanent supportive housing.

Authority Funds Eight Project-Based Vouchers (PBVs)
Update
Construction is currently underway. Specifically, the podium deck is 100% poured. Framing on the podium deck (2nd floor) at section’s A & B are up. Community center and leasing area steel studs are framed.

MEP’s are underway under the deck and in the parking garage. The estimated completion date is February 2023.

North Harbor Village (1108 N Harbor Boulevard)
Developer Jamboree Housing Corporation
Description Acquisition and rehabilitation of a former motel yielding 89 units of permanent supportive housing.

City Council 8 – 5 2/1/2022
Quarterly Report for Housing Division Projects and Activities February 1, 2022

2 4
1 0
City / Authority
Funds
CDBG ($1,687,047); Eight-nine PBVs consisting of 34 HUD-VASH PBVs and 55 non HUD-VASH PBVs.

Update
Construction is currently underway. Specifically, the following items have been completed: demolition of units, including dry wall removal; demolition of building exterior and existing parking lot; grading and pad certification of new community center building; grading of existing parking lot; fire sprinkler demolition; removal of existing insulation; removal of CMU wall; sewer work is done offsite; driveway entrance work complete. The estimated completion date is October 2022.

Projects in Pre-Development
Crossroads at Washington (1126 and 1146 E Washington Avenue) Developer Related Companies of California with A Community of Friends (ACOF) as co-developer and lead service provider
Description
New construction of a 100% affordable multifamily apartment complex consisting of 85 units of rental housing and one (1) manager’s unit. All units will be affordable to households earning less than 30% AMI of which 43 units will be set-aside for permanent supportive housing.

City / Authority
Funds
HOME Investment Partnerships Program ($3,007,489), Neighborhood Stabilization Program ($1,297,693), sixty-five-year ground lease agreement for 1126 and 1146 E. Washington Avenue (Appraised Value as of September 22, 2019: $4,108,136) Seven Project-Based Vouchers (PBVs)
Update
The Developer continues to work with the City, County, and the California Department of Toxic Substances Control (DTSC) on supplemental environmental investigations. The City, County, and DTSC entered into a Standard Voluntary Agreement for further agency oversight. DTSC is preparing the Cleanup Plan for the project. Once the Cleanup Plan is made available, environmental cleanup can begin.

With the help of the Developer, the Housing Authority and County submitted a pre-qualifying application for DTSC’s Equitable Community Revitalization Grant (ECRG), which will provide funding for cleanup activities. The ECRG full application is expected to be released in January 2022 and awards are expected to be made in April 2022.

FX Residences (801, 809, 809 ½ E Santa Ana Boulevard)
Developer HomeAid Orange County, Inc. with Mercy House as the service provider
Description
New construction of an affordable multifamily apartment complex consisting of 16 units of permanent supportive housing, and one manager’s unit.

City / Authority
Funds
Housing Successor Agency ($1,656,947), three PBVs, 99-year ground lease agreement for 801 E. Santa Ana Blvd. (Appraised Value as of Oct 25, 2018: $788,000)
Update On December 7, 2021, City Council approved an additional $587,000 from its Low and Moderate Income Housing Assets Fund due to an City Council 8 – 6 2/1/2022
Quarterly Report for Housing Division Projects and Activities February 1, 2022

2 4
1 0
unanticipated increase in construction costs for the project. City Council also approved the project’s Loan Agreement, 99-Year Ground Lease, Density Bonus Agreement, and Development Impact Fee Deferral Agreement. HomeAid Orange County will be submitting the first set of building permit drawings in January 2022.

Habitat for Humanity (416 Vance Street & 826 N Lacy Street) Developer Habitat for Humanity of Orange County
Description New construction of two single-family detached homes for homeownership serving households up to 120% AMI.

City / Authority
Funds
Inclusionary Housing ($565,271) and a 99-year ground lease agreement for 416 Vance Street and 826 N. Lacy Street (Appraised Value as of Oct 25, 2018: $578,000)
Update
The Developer’s Site Plan Review application was submitted in April 2021. Final approval of Site Plan Review was awarded and Grading Plans were submitted for review at the end of December 2021.

Westview House (2530 Westminster Avenue)
Developer Community Development Partners
Description
New construction of an affordable multifamily apartment development consisting of 85 units of both large family and PSH with one (1) manager’s unit. Twenty-six of the units will be funded by PBV and MHSA funds through the NPLH program.

City / Authority
Funds
Inclusionary Housing ($1,514,113), HOME Investment Partnerships Program ($2,003,705), Rental Rehabilitation Program ($386,523), and 26 Mainstream Program PBVs
Update
The developer received an award of 4% tax credits and bonds on December 8, 2021. The project is expected to close on their financing by early June 2022 and break ground.

Regional Housing Needs Assessment
Housing projects that have been approved, permitted, or received a certificate of occupancy after June 30, 2021 may be counted towards the 6th Regional Housing Needs Assessment (RHNA) Cycle (October 2021 to October 2029). Below is a summary of our progress to meet our 6th RHNA Cycle requirements for affordable housing:

City Council 8 – 7 2/1/2022
Quarterly Report for Housing Division Projects and Activities February 1, 2022

2 4
1 0

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Available Funds for Affordable Housing Development Projects

2. Available Land Assets for Affordable Housing Development

3. Project Timelines
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 8 – 8 2/1/2022
Available Funds for Affordable Housing Development Projects As of December 31, 2021
Housing Successor Agency (Housing Authority)
$4,761,168 Cash on Hand
($1,656,947) Frances Xavier Residence Project Pre-Commitment Loan 1 ($250,000) Administrative Costs Allowance 2
($2,533,952) Administrative Costs Allowance for Future Fiscal Years 3 ($307,386) Crossroads at Washington Option Agreement Amendment 4 ($12,883) Crossroads at Washington Environmental Assessment Oversight 5 $0 Available Funds
Inclusionary Housing Funds
$16,519,602 Cash on Hand
($1,250,000) Down Payment Assistance Program 6
($565,271) Lacy Street Project Grant 7
($1,514,113) Westview House Pre-Commitment Loan 8
($38,954) WISEPlace Steps to Independence Program Agreement 9 ($3,117,044) Administrative Costs Allowance (CDA/PBA)
$10,034,220 Available Funds
HOME Program
$8,524,405 Funds to Drawdown
($3,007,489) Crossroads at Washington Pre-Commitment Loan 10 ($60,150) Crossroads at Washington Project Costs
($2,003,705) Westview House Pre-Commitment Loan 8
($40,074) Westview House Project Costs
$3,412,988 Available Funds to Drawdown
HOME-American Rescue Plan Program (PSH Projects Only)
$5,256,327 Funds to Drawdown
$5,256,327 Available Funds to Drawdown
CDBG Program (Acquisition/Rehabilitation Projects Only) $241,905 Funds to Drawdown
$241,905 Available Funds to Drawdown
NSP Program (Abandoned, Foreclosed or Vacant Properties Only) $1,525,641 Funds to Drawdown
($1,297,693) Crossroads at Washington Pre-Commitment Loan 10 ($96,395) Crossroads at Washington Project Costs
$131,553 Available Funds to Drawdown
Rental Rehabilitation Grant Program
$394,983 Cash on Hand 11
($386,523) Westview House Pre-Commitment Loan 8
$8,460 Available Funds
$19,085,452 Total Available Funds
1 Approved by Housing Authority on January 15, 2019. Additional $587,000 approved by Housing Authority on December 7, 2021. 2 The Housing Successor Agency relies on available cash to fund the monitoring and compliance functions related to the former Redevelopment Agency's housing loans. 3 Funds to be set aside for compliance and monitoring requirements due to uncertainty of future repayment revenues. 4 Approved by Housing Authority on December 15, 2020. Additional $150,000 maximum approved by Housing Authority on August 17, 2021 (2nd Amendment to Option Agreement). 5 Approved by Housing Authority on July 20, 2021.
6 $400,000 originally approved by City Council on March 6, 2018. Nine loans paid through end of September 2021. Additional $1,200,000 approved by Council on November 2, 2021. 7 Approved by City Council/Housing Authority on March 5, 2019. Additional $333,777 approved by City Council on April 6, 2020. 8 Approved by City Council on April 7, 2020.
9 Approved by City Council on April 7, 2020.
10 Approved by City Council on July 2, 2019. Additional $333,742 loan amount approved on August 17, 2021. 11 Old program income available after close out of program with HUD.

Exhibit 1
City Council 8 – 9 2/1/2022
EXHIBIT 2

AVAILABLE LAND ASSETS FOR AFFORDABLE HOUSING DEVELOPMENT

(1) 302 E. Twenty-Second Street
a. APN: 003-122-25
b. Lot Size: 27,817sf
c. Current Zoning: R1 Single-Family Residence, which allows one house per lot. d. Parcel was acquired 10/30/2002 using Low and Moderate Income Housing Asset Fund - 20% Set Aside.
e. Previous Use: Purchased from Cal Trans. It was a remnant parcel from the freeway widening project. The site was vacant and undeveloped at the time it was acquired. f. General Plan: Low Density Residential, which allows single-family residences and ancillary uses.
g. Maximum du/ac: Seven units per acre.
h. Site Condition / Environmental Conditions: Property is irregular in shape, is below the minimum lot size for a residential lot, and will most likely require the approval of several variances from the zoning code in order to facilitate a residential unit.

City Council 8 – 10 2/1/2022
EXHIBIT 3

Current Affordable Housing Development Project Timelines

Projects Under Construction

Legacy Square – 609 North Spurgeon Street

Aug 18 Santa Ana CDA Funding Application
Dec 18 Applied for NPLH and SNHP Funds
Jan 19 Santa Ana funding award
Feb 19 Planning entitlements approved
Feb 19 Applied for Round 4 AHSC Funding
May 19 Award of SNHP funds
Jul 19 Applied for Round 1 MHP
Nov 19 Applied for State 4% tax credits
Jan 20 Construction drawings (8-12 weeks)
Feb 20 Apply for Round 5 AHSC funding
May 20 Apply for 4% tax credits
May 20 Plan check (12-16 weeks)
Jun 20 Award of AHSC funds
July 20 Award of 4% Tax Credits
July 20 Award of Tax-Exempt Bonds
May 20 Plan Check (12-16 weeks)
Jan 21 Building permit issuance
Feb 21 Construction closing/syndication
Feb 21 Begin construction (24 months)
Jul 21 Groundbreaking Ceremony
Feb 23 Construction complete
June 23 100% fully leased (4 months)

North Harbor Village – 1108 N. Harbor

Mar 19 Start of design development
Mar 19 Applied to FHLBSF for AHP Financing ($890,000)
Mar 19 Award of VASH Vouchers & City Loan by City Council (89 Vouchers and $1,687,047)
Mar 19 Start environmental approval process with City of Santa Ana (CEQA/NEPA) Mar 19 Applied for Home Depot Grant ($500,000)
Jun 19 CEQA / NEPA Approval – City of Santa Ana
Jun 19 AHP Award Date ($890,000)
Aug 20 Applied to HCD for MHP 1
st Round Funding ($13,316,412)
Dec 19 Notified project did not receive 1st Round MHP funding Feb 20 Applied to HCD for VHHP Funding ($10,000,000)
Mar 20 Applied to HCD for MHP 2nd round funding
Mar 20 Applied to OCHFT Financing ($2,292,920)
City Council 8 – 11 2/1/2022
EXHIBIT 3

May 20 Notified project did not receive 2st Round MHP funding May 20 Received OCHFT funding award ($2,292,920)
Jun 20 Received VHHP funding award ($10,000,000)
Jun 20 Submitted Plans for Ministerial Design Approval
Jun 20 Applied for CDLAC tax exempt bond allocation ($24,000,000) Jul 20 Applied for TCAC 4% competitive state and federal tax credits ($9,896,911) Sept 20 CDLAC Allocation
Nov 20 Ministerial Design Approval (upon completion of community meeting on 11/4/2020)
Oct 20 TCAC Allocation
Oct 20 Start construction documents for rehab
Nov 20 Submit first plan check
Dec 20 Awarded Home Depot Grant
Jan 21 Receipt of first plan check comments
Jan 21 Submit second plan check
Feb 21 Receipt of second plan check comments
Feb 21 Submit third plan check
Mar 21 Received permit ready
Apr 21 Construction loan closing
Apr 21 Pull Permits and start construction
Oct 22 Construction complete
Oct 22 Start of lease up
Apr 23 Full occupancy

Projects in Pre-Development

Crossroads at Washington – 1126 and 1146 E. Washington Avenue

Aug 19 Submitted PSH application to County
Oct 19 Submitted for Planning entitlements
Oct 19 Community meeting
Nov 19 Approval of Joint Powers Agreement, Option to Ground Lease, Voucher Resolution and Cooperation Agreement, and Regional Housing Needs Assessment (RHNA) Agreement and Density Bonus
Dec 19 NEPA EA City Approval – City of Santa Ana submits NEPA EA to HUD Feb 20 PSH Funds and Voucher approval from County Board of Supervisors Feb 20 Planning entitlements approved
Mar 20 TCAC 9% Application – 1
st Round 2020
Jul 20 TCAC FCAA/9% Application – 2nd Round 2020
Oct 20 TCAC FCAA/9% Award – 2nd Round 2020
Mar 21 Submitted OCHFT PSH NOFA Application
May 21 OCHFT PSH NOFA Award
Dec 21 Submit DTSC Equitable Community Revitalization Grant (ECRG) Pre-Qualifying Application
Jan 22 Submit for 1st plan check
Apr 22 DTSC ECRG Award
City Council 8 – 12 2/1/2022
EXHIBIT 3

Jul 22 City issues permit ready letter
Jul 22 Start construction
Oct 23 Construction complete
Feb 23 Full occupancy

FX Residences – 801, 809, 809 ½ E. Santa Ana Boulevard
Jan 19 Council approval for land lease and project funding Jan 19 Submittal of application for NPLH funding
Feb 19 Confirm with City staff that project site can yield additional units under existing zoning
Mar 19 Revise conceptual drawings for additional 5 units (17 total units, up from the original 12 units)
Mar 19 SNHP funding application submitted to County
Apr 19 City staff to review revised conceptual design
Apr 19 Begin development agreement
May 19 Board of Supervisors meeting for SNHP funding
Jul 19 Execute Development Agreement
Jul 19 Formal awards letters for NPLH funding to be issued Aug 19 Initial planning submittal
Sept 19 Sunshine Ordinance Meeting
Mar 21 Planning Commission Meeting (ministerial approval of density bonus) Oct 21 Submit for first plan check
Dec 21 City Council Meeting (ministerial approval of density bonus) Dec 21 City Council approval of additional $587,000 for construction costs Jan 22 Building Permit
May 22 Begin construction (grading, weather permitting) May 23 Completion of construction

Habitat for Humanity – 826 N. Lacy Street & 830 Lacy Street ( 416 Vance Street)

May 20 DDA signed
June 20 Prepare grading plans
Oct 20 Prepare architectural plans
Oct 20 Submit Neighborhood Review Application
Feb 21 Final Approval from Historic French Park Committee Apr 21 Submit Site Review Application
Dec 21 Submit grading/ Non-Priority WQMP
Jan 22 Submit architectural plans
Mar 22 Grading permit issued
Mar 22 Commence Grading
Apr 22 Building Permits issued
May 22 Begin construction
Apr 23 Anticipated construction completion
Apr 23 Certificate of Occupancy / Closings
City Council 8 – 13 2/1/2022
EXHIBIT 3

Westview House – 2530 Westminster Avenue

Oct 19 City of Santa Ana RFP submittal
May 20 OC 2020 Supportive Housing NOFA Submittal
Dec 20 OC 2020 Supportive Housing NOFA award
Jan 21 City of Santa Ana PBV Award
Jan 21 Construction/permanent debt commitments
Jan 21 Receive Entitlements
Jan 21 No Place Like Home application
Mar 21 OCHFT application
May 21 OCHFT Award
Jun 21 No Place Like Home commitment
Sep 21 CDLAC/TCAC 4% application
Dec 21 CDLAC/TCAC 4% award
Jun 22 Close on construction financing
Jun 22 Construction permits issued
Jun 22 Construction start
Feb 24 Construction complete
July 24 All units Leased
Nov 24 Perm Debt Conversion
City Council 8 – 14 2/1/2022
Public Works Agency
www.santa-ana.org/pw
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 1, 2022
TOPIC: Sidewalk Repair Program

AGENDA TITLE
Approve Amendment to the Construction Contract with CJ Concrete Construction, Inc. to Increase the Contract Amount by $1,105,789.50, for a New Estimated Total Project Delivery Cost of $1,700,000, to Perform Additional Concrete Repairs (Project No.22- 6970) (General and Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to amend the construction contract with CJ Concrete Construction, Inc. by an increase of $1,105,789.50 to perform additional concrete improvements, for a new estimated project delivery cost of $1,700,000.

2. Approve the revised Project Cost Analysis increasing project contingencies by $1,105,789.50, for a new estimated project delivery cost of $1,700,000.

DISCUSSION
The Public Works Agency’s Maintenance Services Division is responsible for maintaining 400 miles of streets and 800 miles of sidewalks located within the City of Santa Ana. Staff evaluates the condition of damaged sidewalks, curbs, gutters, and driveways to identify uneven surfaces and cracks that may pose a risk to pedestrians. The goal is to improve safe walking accessibility for pedestrians and increase active modes of transportation, such as walking and biking. Additionally, this reduces the potential of liability claims and assists in complying with regulations set forth by the American with Disabilities Act.

Procedures to mitigate these conditions include offset grinding, temporary asphalt ramping, and removal/replacement of damaged concrete areas.

On November 16, 2021, the City Council awarded a contract to CJ Concrete Construction, Inc. for various concrete repair projects of damaged sidewalks, curbs, gutters, driveway approaches, and curb ramps. Prioritization of work is focused on areas with the highest concentration of needed repairs, with the intent of providing a proportionate level of service in each of the City’s six council wards. The most recent concrete work was completed in the Riverview West (Ward 1), New Horizons (Ward 2), and West Floral Park (Ward 3) neighborhoods, with upcoming projects slated for Wilshire Square (Ward 4), City Council 9 – 1 2/1/2022
Sidewalk Repair Program
February 1, 2022

2 4
0 2
South Coast (Ward 4), Willard (Ward 5), Willits & Sullivan (Ward 5), Pacific Park (Ward 6), and Madison Park (Ward 6) neighborhoods (Exhibit 1).

Funding in the amount of $1,200,000 was approved with the Adopted City Budget for FY 2021-22 for sidewalk improvements. The original construction delivery cost of $594,210.50 left a balance of $605,789.50 available for these additional concrete improvements to be delivered. Furthermore, on January 18, 2022, during the General Fund First Quarter Budget Update presentation, City Council authorized a one-time spending plan to address ongoing issues and to improve service levels for the public. As a result, the sidewalk improvement program was allocated an additional $500,000 for FY 2021-22 and $1,000,000 annually in future funding. CJ Concrete Construction, Inc. has demonstrated a high level of professionalism and commitment to quality work as part of this contract. To deliver these additional concrete improvements promptly and capitalize on the favorable pricing of the existing contract with CJ Concrete Construction, Inc., staff recommends increasing the project contingencies by $1,105,789.50 for a new estimated project delivery cost of $1,700,000 (Exhibit 2).

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-99 was filed for the project.

FISCAL IMPACT
As indicated in the revised Cost Analysis, the estimated total construction delivery cost of the project is $1,700,000. Funds for this project were approved and appropriated in FY 2021-22 in the amount of $1,200,000. The original construction delivery cost of $594,210.50 left a balance of $605,789.50 available for these additional concrete improvements. Furthermore, on January 18, 2022, during the General Fund First Quarter Budget Update presentation, City Council authorized a one-time spending plan to address ongoing issues and to improve service levels for the public. As a result, the sidewalk improvement program was allocated an additional $500,000 for FY 2021-22.

Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.

Description
Amount

ORIGINAL CONSTRUCTION DELIVERY COST
2021-22
02917660-
62300
(22-6970)
Special Gas
Tax
Roadway Maintenance,
Contract Services -
Professional
$594,210.50

ADDITIONAL FUNDS (THIS ACTION)
2021-22
02917660-
62300
(22-6970)
Special Gas
Tax
Roadway Maintenance,
Contract Services-
Professional
$605,789.50
City Council 9 – 2 2/1/2022
Sidewalk Repair Program
February 1, 2022

2 4
0 2
2021-22
01117626-
62300
(22-6970)
General
Fund
PWA Sidewalks-
Service Enhancement,
Contract Services-
Professional
$500,000.00
Total $1,700,000.00

EXHIBIT(S)

1. Location Map

2. Cost Analysis
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 9 – 3 2/1/2022
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 22-6970:

Omnibus Concrete Repairs
EXHIBIT 1
City Council 9 – 4 2/1/2022

COST ANALYSIS
PROJECT NO.22-6970: OMNIBUS CONCRETE REPAIRS

EXPENDITURE

CATEGORY

ORIGINAL
AMOUNT

ADDITIONAL

FUNDING NEW TOTAL
Construction Contract $360,183.00 $360,183.00
Construction Administration,
Inspection, Testing $54,027.50 $54,027.50
Contingencies $180,000.00 $1,105,789.50 $1,285,789.50
Total $594,210.50 $1,105,789 .50 $1,700,000.00
EXHIBIT 2
City Council 9 – 5 2/1/2022
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 1, 2022
TOPIC: Proposed License Agreement between the City of Santa Ana and Santa Ana Unified School District for use of Memorial Park Parking Lot
AGENDA TITLE:

Proposed License Agreement between the City of Santa Ana and Santa Ana Unified School District for use of Memorial Park Parking Lot

RECOMMENDED ACTION
Authorize the City Manager to execute a license agreement with the Santa Ana Unified School District (SAUSD) to allow Washington Elementary school staff to utilize the Memorial Park east parking lot (46 spaces) for the period of February 2, 2022 through June 30, 2023, for an amount not to exceed $39,100, subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
Washington Elementary school, located at 910 West Anahurst Place, is undergoing construction next year and is in need of a parking lot for their teachers. City staff, along with representatives from SAUSD, have prepared a license agreement (Exhibit 1) to allow Washington Elementary school staff to use the parking lot at Memorial Park. Below is an overview of the terms of the agreement:
a)USE OF CITY FACILITIES: Washington Elementary school staff will utilize the Memorial Park east parking lot at 2102 S Flower Street, Santa Ana, CA 92707. b)TERM: The term of the agreement is February 1, 2022 through June 30, 2023, Monday through Friday, 6 a.m. to 6 p.m.
c)FEE: SAUSD will pay parking costs, monthly, at a rate of $2,300, ($50 per parking space – 46) $39,100 total.
d) Licensee will be responsible for opening the parking lot gates during usage times, be responsible for any loss, theft and/or vandalism to vehicles and parking lot area during usage time, and responsible for enforcing parking logistics and all clean up upon completion of their respective use of the area.

City Council 10 – 1 2/1/2022
Proposed License Agreement between the City of Santa Ana and Santa Ana Unified School District for use of Memorial Parking Lot
February 1, 2022

2 3
2 2

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The City of Santa Ana will receive revenue in the amount of $39,100 from this 17-month license. Funds will be deposited in the following account for the specified years.

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 21-22 01113002-57361

General fund PRCSA Revenue-
Recreation Facility
Rental
$11,500
FY 22-23 01113002-57361

General fund PRCSA Revenue-
Recreation Facility
Rental
$27,600

EXHIBIT(S)

1. License Agreement
Submitted By: Lisa Rudloff, PRCSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council 10 – 2 2/1/2022
City Council 10 – 3 2/1/2022
City Council 10 – 4 2/1/2022
City Council 10 – 5 2/1/2022
City Council 10 – 6 2/1/2022
City Council 10 – 7 2/1/2022
City Council 10 – 8 2/1/2022
City Council 10 – 9 2/1/2022
City Council 10 – 10 2/1/2022
Police Department
www.santa-ana.org/pd
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 1, 2022
TOPIC: Joint Agreement with the County of Orange for the 800MHz Countywide Coordinated Communications System (CCCS)
AGENDA TITLE:

Approve an Agreement with the County of Orange for Continued Access to the Countywide Coordinated Communications Public Safety Radio System

RECOMMENDED ACTION
Authorize the City Manager to execute the new Joint Agreement with the County of Orange for the Operation, Maintenance and Financial Management of the Orange County 800 MHz Countywide Coordinated Communications System, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The 800 MHz communications system allows all police, fire, public works, and marine safety agencies in Orange County to share a common radio system, yet provides agencies with their own distpatch and tactical channels. On September 19, 1995, the original Joint Agreement for the Implementation and Operation of the 800MHz Countywide Coordinated Communications System (CCCS) was executed. The Orange County Sheriff-Coroner Department’s Technology Division maintains the 800MHz CCCS, which provides centralized, interoperable voice radio communications for the County and its partner agencies, including all public safety and public service agencies, as well as several private, state, and federal agencies that provide support to the above agencies and/or have relevant communications requirements. The CCCS partnership funds the 800MHz CCCS in accordance with the financial requirements outlined in the Agreement.

On November 23, 2004, the current Agreement for the Operation, Maintenance and Financial Management of the CCCS was entered into by the County, its 34 cities, and other partnership agencies, replacing the original 1995 Agreement and subsequent 2003 amendment with the intent to define the post-implementation operational, technical and financial requirements and guidelines for the CCCS going forward. On June 2, 2015, The Orange County Board of Supervisors approved the Agreement currently in place.

The proposed new Agreement establishes the technical, operational, and financial requirements for all agencies participating in the CCCS. It includes establishing financial City Council 11 – 1 2/1/2022
Joint Agreement with the County of Orange for the 800MHz Countywide Coordinated Communications System (CCCS).

February 1, 2022

2 3
3 9
parameters for the year-to-year costs and the costs of necessary system upgrades in the future. It also includes establishing Bylaws for the Governance Committee.

The new Agreement was presented at the Governance Committee Meeting on April 28, 2021. The Committee approved the rewrite and recommended submitting it to the Orange County Board of Supervisors for approval. The rewritten Agreement was presented to the City Managers of the Partner Agencies to seek input and revisions. All revisions received were incorporated into the document.

The annual cost for this service is determined by the number of radios on the system. The Police Department, Public Works, Planning and Building, and Parks and Recreation all use radios on the system. The current annual cost is $240,000; this cost will increase to $277,514 due to changes in the cost-sharing formula as agreed upon by the partner agencies.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds in the amount of $120,000 are budgeted and available for expenditure in the current fiscal year.

Fiscal Year Accounting Unit
- Account #
Accounting Unit, Account
Description Amount
2021-22 01114465-62300 Police Department,
Communications - Contract Svcs $98,220.00
2021-22 01113230-62300 Parks and Recreation Department, Contract Svcs $1,505.00
2021-22 01116520-62300 Planning and Building,
Building Safety - Contract Svcs $4,806.00
2021-22 01116540-62300 Planning and Building,
Code Enforcement - Contract Svcs $2,854.00
2021-22 06017640-62300 Public Works,
Water Services - Contract Svcs $7,059.00
2021-22 07517100-62300 Public Works,
Fleet - Contract Svcs $1,352.00
2021-22 06817640-62300 Public Works,
Environ. Sanitation - Contract Svcs $338.00
City Council 11 – 2 2/1/2022
Joint Agreement with the County of Orange for the 800MHz Countywide Coordinated Communications System (CCCS).

February 1, 2022

2 3
3 9
2021-22 06817641-62300
Public Works,
Roadway Cleaning/Graffiti-
Contract Svcs
$976.00
2021-22 01117643-62300 Public Works,
Street Trees - Contract Svcs $488.00
2021-22 01117620-62300 Public Works,
Traffic & Transp.- Contract Svcs $1,051.00
2021-22 08617613-62300
Public Works,
Const. (CIP) Engineering- Contract
Svcs
$1,051.00
2021-22 10117601-62300 Public Works,
Admin. Services - Contract Svcs $150.00
2021-22 10117605-62300 Public Works,
Development - Contract Svcs $150.00
Total $120,000.00
Funds in the amount of 277,514 will be included in the budget process in subsequent fiscal years as follows:

Accounting Unit
- Account # Accounting Unit, Account Description Amount Police Department,01114465-62300 Communications - Contract Svcs $227,152.00 Parks and Recreation Department,01113230-62300
Contract Svcs
$3,473.00
01116520-62300 Planning and Building,
Building Safety - Contract Svcs $11,114.00
01116540-62300 Planning and Building,
Code Enforcement - Contract Svcs $6,599.00
06017640-62300 Public Works, Water Services - Contract Svcs $16,324.00 07517100-62300 Public Works,
Fleet - Contract Svcs $312.00
06817640-62300 Public Works, Environ. Sanitation - Contract Svcs $781.00
City Council 11 – 3 2/1/2022
Joint Agreement with the County of Orange for the 800MHz Countywide Coordinated Communications System (CCCS).

February 1, 2022

2 3
3 9
06817641-62300 Public Works,
Roadway Cleaning/Graffiti- Contract Svcs $2,258.00
01117643-62300 Public Works,
Street Trees - Contract Svcs $1,129.00
01117620-62300 Public Works,
Traffic & Transp.- Contract Svcs $2,431.00
08617613-62300 Public Works, Const. (CIP) Engineering- Contract Svcs $2,431.00
10117601-62300 Public Works,
Admin. Services - Contract Svcs $347.00
10117605-62300 Public Works,
Development - Contract Svcs $347.00
Total $277,514.00

EXHIBIT(S)

1. Joint Agreement
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 11 – 4 2/1/2022
City Council 11 – 5 2/1/2022
City Council 11 – 6 2/1/2022
City Council 11 – 7 2/1/2022
City Council 11 – 8 2/1/2022
City Council 11 – 9 2/1/2022
City Council 11 – 10 2/1/2022
City Council 11 – 11 2/1/2022
City Council 11 – 12 2/1/2022
City Council 11 – 13 2/1/2022
City Council 11 – 14 2/1/2022
City Council 11 – 15 2/1/2022
City Council 11 – 16 2/1/2022
City Council 11 – 17 2/1/2022
City Council 11 – 18 2/1/2022
City Council 11 – 19 2/1/2022
City Council 11 – 20 2/1/2022
Santa Ana
Kristine Ridge
City Manager
Tamara Bogosian
Senior Assistant City Attorney
City Council 11 – 21 2/1/2022
City Council 11 – 22 2/1/2022
City Council 11 – 23 2/1/2022
City Council 11 – 24 2/1/2022
City Council 11 – 25 2/1/2022
City Council 11 – 26 2/1/2022
City Council 11 – 27 2/1/2022
City Council 11 – 28 2/1/2022
City Council 11 – 29 2/1/2022
City Council 11 – 30 2/1/2022
City Council 11 – 31 2/1/2022
City Council 11 – 32 2/1/2022
City Council 11 – 33 2/1/2022
City Council 11 – 34 2/1/2022
City Council 11 – 35 2/1/2022
City Council 11 – 36 2/1/2022
City Council 11 – 37 2/1/2022
City Council 11 – 38 2/1/2022
City Council 11 – 39 2/1/2022
City Council 11 – 40 2/1/2022
City Council 11 – 41 2/1/2022
City Council 11 – 42 2/1/2022
City Council 11 – 43 2/1/2022
City Council 11 – 44 2/1/2022
City Council 11 – 45 2/1/2022
City Council 11 – 46 2/1/2022
City Council 11 – 47 2/1/2022
City Council 11 – 48 2/1/2022
City Council 11 – 49 2/1/2022
City Council 11 – 50 2/1/2022
City Council 11 – 51 2/1/2022
City Council 11 – 52 2/1/2022
City Council 11 – 53 2/1/2022
City Council 11 – 54 2/1/2022
City Council 11 – 55 2/1/2022
City Council 11 – 56 2/1/2022
City Council 11 – 57 2/1/2022
City Council 11 – 58 2/1/2022
City Council 11 – 59 2/1/2022
City Council 11 – 60 2/1/2022
City Council 11 – 61 2/1/2022
City Council 11 – 62 2/1/2022
City Council 11 – 63 2/1/2022
City Council 11 – 64 2/1/2022
City Council 11 – 65 2/1/2022
City Council 11 – 66 2/1/2022
City Council 11 – 67 2/1/2022
City Council 11 – 68 2/1/2022
City Council 11 – 69 2/1/2022
City Council 11 – 70 2/1/2022
City Council 11 – 71 2/1/2022
City Council 11 – 72 2/1/2022
City Council 11 – 73 2/1/2022
City Council 11 – 74 2/1/2022
City Council 11 – 75 2/1/2022
City Council 11 – 76 2/1/2022
City Council 11 – 77 2/1/2022
City Council 11 – 78 2/1/2022
City Council 11 – 79 2/1/2022
City Council 11 – 80 2/1/2022
City Council 11 – 81 2/1/2022
City Council 11 – 82 2/1/2022
City Council 11 – 83 2/1/2022
City Council 11 – 84 2/1/2022
City Council 11 – 85 2/1/2022
City Council 11 – 86 2/1/2022
City Council 11 – 87 2/1/2022
City Council 11 – 88 2/1/2022
Public Works Agency
www.santa-ana.org/pw
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 1, 2022
TOPIC: Santa Ana Regional Transportation Center – Lease Agreement

AGENDA TITLE
Approve a Lease Agreement with Railworks Track Services, Inc., for Office Space at the Santa Ana Regional Transportation Center for a One-year Term with Twelve One-month Extensions for a Total Amount of $87,120 (Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute a site lease agreement with RailWorks Track Services, Inc., to compensate the City $3,630 per month, with any partial month prorated at $120 per day, for the lease of 1,452 square feet of office space located at the Santa Ana Regional Transportation Center, for a one-year term beginning February 1, 2022, and ending January 31, 2023, with an option for twelve month-to- month extensions, for a total of $87,120 in lease revenue for the entire term of the agreement, including optional extensions, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Approve an appropriation adjustment recognizing Fiscal Year 2021-22 lease income in the amount of $18,150 into the PWA-SARTC Operations, Rental-RailWorks revenue account and appropriating the same amount to the PWA-SARTC Operations, Contract Services-Professional expenditure account. (Requires five affirmative votes)

DISCUSSION
The Santa Ana Regional Transportation Center (SARTC) is a regional transportation hub that brings together Amtrak, Metrolink, Orange County Transportation Authority (OCTA), interstate bus services, and in the future, the OC Streetcar. The facility is open to the public seven days a week from 5:00 a.m. to midnight and contains approximately 35,000 square feet of rental space, including ten bus bays.

The OC Streetcar is the first modern streetcar project to be built in Orange County. It will service Santa Ana’s historic downtown, which includes federal, state, and local courthouses; government offices; colleges; an artists’ village; and a thriving restaurant scene. The OC Streetcar will operate along a 4.15-mile route that connects SARTC and a new transit hub at Harbor Boulevard and Westminster Avenue in Garden Grove.

Information must be entered within each grey field.

Hover over each section to see the grey field.

DO NOT DELETE FIELDS.

City Council 12 – 1 2/1/2022
Approve Lease Agreement with RailWorks Track Services, Inc.

February 1, 2022

2 4
0 4
OCTA is the lead agency for the OC Streetcar Project and selected Walsh Construction as the Contractor. SARTC quickly became a central hub for contractors working on the Streetcar Project due to the close proximity to the project site and the availability of office space.

The City Council approved a site lease agreement on April 6, 2021, with RailWorks Track Services, Inc., for 326 square feet of office space at SARTC. Recently, RailWorks Track Services approached City staff requesting additional office space. RailWorks is interested in renting Suite 103, consisting of 1,452 square feet of office space. The intent is to occupy both offices until the current lease expires on March 31, 2022, at which time, RailWorks will continue to occupy Suite 103 until the lease termination date. Staff seeks approval of the lease agreement, which will generate revenue for SARTC’s day-to-day operations.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
Approval of the site lease agreement obligates RailWorks Track Services, Inc., to compensate the City $87,120 for the term of the lease agreement, including renewal options, for lease of interior office space at the SARTC. The one-year agreement term begins February 1, 2022, and ends January 31, 2023. There is an option for twelve one- month extensions.

Approval of the appropriation adjustment will recognize Fiscal Year 2021-22 lease income in the amount of $18,150 into the PWA-SARTC Operations, Rental-RailWorks revenue account (No. 06717002-53832) and appropriate the same amount to the PWA-SARTC Operations, Contract Services-Professional expenditure account (No. 06717650-62300) for expenditure in Fiscal Year 2021-22. The remaining revenues and expenditures will be recognized and appropriated during the Fiscal Year 2022-23 budget process.

Fiscal Year Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
2021-22
(Feb-June) 06717002-53832
Regional
Transportation
Center
PWA-SARTC Operations,
Rental-RailWorks $18,150
2022-23
(July-Jan) 06717002-53832
Regional
Transportation
Center
PWA-SARTC Operations,
Rental–RailWorks $25,410
Renewal Option:
2022-23
(Feb-June) 06717002-53832 Enterprise Fund PWA-SARTC Operations, Rental–RailWorks $18,150
City Council 12 – 2 2/1/2022
Approve Lease Agreement with RailWorks Track Services, Inc.

February 1, 2022

2 4
0 4
2023-24
(July-Jan) 06717002-53832
Regional
Transportation
Center
PWA-SARTC Operations,
Rental–RailWorks $25,410
Total: $87,120

EXHIBIT(S)

1. Lease Agreement with RailWorks Track Services, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 12 – 3 2/1/2022
EXHIBIT 1
 
City Council
 12 – 4
2/1/2022
 

 
City Council
 12 – 5
2/1/2022
 

 
City Council
 12 – 6
2/1/2022
 

 
City Council
 12 – 7
2/1/2022
 

 
City Council
 12 – 8
2/1/2022
 

 
City Council
 12 – 9
2/1/2022
 

 
City Council
 12 – 10
2/1/2022
 

 
City Council
 12 – 11
2/1/2022
 

 
City Council
 12 – 12
2/1/2022
 

 
City Council
 12 – 13
2/1/2022
 

 
City Council
 12 – 14
2/1/2022
 

 
City Council
 12 – 15
2/1/2022
 

 
City Council
 12 – 16
2/1/2022
 

 
City Council
 12 – 17
2/1/2022
 

Public Works Agency
www.santa-ana.org/pw
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 1, 2022
TOPIC: On-Call Traffic Control Services

AGENDA TITLE
Approve Agreements with California Barricade Rentals, Inc. and Statewide Traffic Safety and Signs, Inc. for up to a Three-year Term in an Aggregate Amount not to Exceed $500,000 (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with California Barricade Rentals, Inc. and Statewide Traffic Safety and Signs, Inc. to provide on-call traffic control services and equipment rental for a three-year period beginning February 1, 2022, and expiring on January 31, 2025, with a provision for one two-year extension, for a total shared aggregate amount not to exceed $500,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On November 2, 2021, the Public Works Agency issued a Request for Proposal (RFP) for contractors to provide on-call traffic control services and equipment rental (Exhibit 1).

The selected contractor(s) will supplement City staff by providing temporary and permanent traffic control services, and the necessary traffic control devices, personnel, and related equipment. This work generally consists of work-area traffic control setup, job site flagging, lane closures, road closures, detour routes, and special event traffic control.

The RFP was advertised on the City’s online bid management and publication system, with bids due on November 30, 2021. Two contractors downloaded the project documents. Two proposals were received and evaluated by a selection committee based on criteria as outlined in the RFP. Listed below are the responding contractors and their ranking:

City Council 13 – 1 2/1/2022
On-Call Traffic Control Services
February 1, 2022

2 4
0 6
Rank Firm Average
Score
Location
1 California Barricade Rentals, Inc. 98 Santa Ana
2 Statewide Safety Systems, Inc. 94 Garden Grove
In accordance with the RFP, staff recommends awarding contracts to California Barricade Rentals, Inc. (Exhibit 2) and Statewide Traffic Safety and Signs, Inc. (Exhibit 3). Both contractors demonstrated a high technical competency and experience performing similar services. The proposals contained a clear path toward achieving City goals and objectives as required by the RFP.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact at this time. Prior to utilizing any of these on-call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a contractor.

EXHIBIT(S)

1. RFP No. 21-120, On-Call Traffic Control Services

2. Agreement for California Barricade

3. Agreement for Statewide Safety Systems, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 13 – 2 2/1/2022

REQUEST FOR PROPOSALS (RFP)
FOR

ON-CALL TRAFFIC CONTROL SERVICES
Approved for Release:

RFP NO.: 21-120

CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza, M-43
Santa Ana, CA 92701
Azadeh Azad
Project Manager
(714) 647-5667 Office
[email protected]
b�J�
Principal Civil Engineer
Public Works Agency
KEY RFP DATES (Subject to change at discretion of City):

Issue Date:

Deadline for Requests for Infonnation:

Proposal Due Date:

Projected Award Date:

Tuesday, November 2, 2021
Tuesday, November 16, 2021
Tuesday, November 30, 2021; 2:00 PM.

Tuesday, January 11, 2022
EXHIBIT 1
City Council 13 – 3 2/1/2022

City of Santa Ana RFP 21-120

NOTICE INVITING PROPOSALS

NOTICE IS HEREBY GIVEN that proposals will be received from qualified Traffic Control Companies.

Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than November 30, 2021 at 2:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time.

Additionally, it is a requirement that hard copy proposals also be sent by courier service , mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following “SEALED PROPOSAL FOR

ON-CALL TRAFFIC CONTROL SERVICES
RFP NO. 21-120

IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”

City of Santa Ana
Attn.: AZADEH AZAD
Public Works Agency; M-43
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
For further instructions regarding hard copy submission of proposals, refer to PlanetBids.

All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification.

City Council 13 – 4 2/1/2022

City of Santa Ana RFP 21-120

TABLE OF CONTENTS

I. INTRODUCTION / PROJECT DESCRIPTION 5

II. PROPOSAL TERMS AND CONDITIONS 7
A. EXAMINATION
B. EXECUTION OF AGREEMENT
C. PROPOSAL VALIDITY
D. PRE-CONTRACTUAL EXPENSES
E. JOINT OFFERS/SUBCONTRACTORS
F. DIR REGISTRATION
G. PREVAILING WAGES
H. PREVAILING WAGE, COMPLIANCE AND MONITORING
J. SAFETY PROGRAM REQUIREMENTS

III. INSTRUCTIONS TO PROPOSERS 11 A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. INFORMATION PACKET
H. PRE-PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. BID PROTESTS

IV. SUBMITTAL REQUIREMENTS 13
A. GENERAL
B. PROPOSAL CONTENTS

1. STATEMENT OF QUALIFICATIONS

2. SCOPE OF SERVICES AND SCHEDULE

3. FEE PROPOSAL

4. CERTIFICATIONS

V. PROPOSAL REVIEW (CONSULTANT SELECTION) 15 A. EVALUATION AND RATING
B. SELECTION

VI. AWARD OF AGREEMENT 16
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT

City Council 13 – 5 2/1/2022
City of Santa Ana RFP 21-120

VI. IMPLEMENTATION 16

NOTICE TO PROCEED
V
II. PUBLIC RECORDS 16
VIII. APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: SAMPLE STANDARD AGREEMENT
ATTACHMENT 3: CERTIFICATION
ATTACHMENT 4: CITY OF SANTA ANA STANDARDS PLANS
City Council 13 – 6 2/1/2022
City of Santa Ana RFP 21-120

I. INTRODUCTION / PROJECT DESCRIPTION
Nature of Work:

The City of Santa Ana is seeking qualified on-call contractor(s) to provide traffic control services and equipment as directed by the City of Santa Ana. The City reserves the right to enter into fewer, or more agreements, and to issue several or no task orders to each contractor, as determined by the City’s needs. Attachment 1 includes a detailed Scope of Work in this RFP’s Appendix.

Number of Proposals and Signature:

Five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as “ORIGINAL” and be signed by a company official with the power to bind the company , and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company.

The Statement of Qualifications shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11 -point Arial. Proposal exhibits shall be maximum 11” x 17”.

Proposal Evaluation and Rating:

The criteria for evaluating the RFP submitted will take the following items into consideration:
 Company and Team Experience 25%
 Understanding of Need 25%
 Financial Capacity and Availability 20%
 Schedule of Delivery 10%
 References 10%
 Fee (Separate Sealed Envelope) 10%
The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated f or each submitted proposal and used to rank the proposers.

City Council 13 – 7 2/1/2022
City of Santa Ana RFP 21-120

F
unding sources for each project may vary and shall comply with the funding agency’s requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP.

T erm of Contract Agreement:

T
he City desires to enter into a contract with the top scoring firms for an initial three (3) year term with a City option for two (2) one (1) year extension period. This term shall be outlined in the Standard Consultant Agreement, as shown in the Appendix of this RFP as Attachment 2.

City Council 13 – 8 2/1/2022
City of Santa Ana RFP 21-120

II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below:

A. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required in this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objec tives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated.

B. EXECUTION OF AGREEMENT
The City and the selected Proposer will enter into an Agreement sim ilar to that as shown in Attachment 2: Standard Agreement in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate.

C. PROPOSAL VALIDITY
Services, pricing and warranties indicated in a respondent’s Proposal must be valid for a period of 120 days after the submission of the Proposal.

D. PRE-CONTRACTUAL EXPENSES
Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by Proposers in the preparation of its proposal.

E. JOINT OFFERS/SUBCONTRACTORS
Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub-contractor basis. The City intends to contract with a single company and not with multiple companies doing business as a joint venture. Should the use of sub- contractors be offered, the Proposer shall provide the same assurances of competence for the sub-contractor plus the demonstrated ability to manage and supervise the subcontracted work. Sub- contractors shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-contractors in the same manner as the Proposer.

F. DIR REGISTRATION
On-call emergency public work tasks completed as part of this RFP and proposal(s) submitted shall be subject to the following: No contractor or subcontractor may be listed City Council 13 – 9 2/1/2022
City of Santa Ana RFP 21-120

on a proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Any subsequent work that follows from this RFP is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.

G. PREVAILING WAGES
In accordance with the California State Labor Code, prevailing wage rates apply.

T
he Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wag es in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction, maintenance, or repair work, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Di rector of the Department of Industrial Relations are incorporated herein and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1). The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor.

H. PREVAILING WAGE COMPLIANCE AND MONITORING
Contractor shall be aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirement on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

C
ontractor shall be in compliance with the Prevailing Wages and requirements effective the due date of this proposal submittal and shall pay prevailing rates of per diem wages according to state law at all times throughout the term of any future agreement with the City. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested City Council 13 – 10 2/1/2022
City of Santa Ana RFP 21-120

parties upon request, and shall post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

I. SAFETY PROGRAM REQUIREMENTS
The Proposer shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Construction site.

T
he following is also required in addition to being in compliance with the above and related latest editions (unless noted otherwise) of the standard specifications and/or plans in the APWA “Greenbook (2018 Edition)” CA MUTCD, AGC, SSPWC, TEES, CALTRANS Standard Plans and Standard Specifications, CALTRANS Highway Design and Traffic Manuals, as listed below and as related to the standard care of the industry:

City Council 13 – 11 2/1/2022
City of Santa Ana RFP 21-120

Abbreviation Word or Words
AGC ................. Associated General Contractors of America APWA ................ American Public Works Association ASA ................. American Standards Association CA MUTCD ....... California Manual on Uniform Traffic Control Devices CALTRANS ....... California Department of Transportation FHWA ................ Federal Highway Administration
FRA ................. Federal Rail Administration
FTA ................. Federal Transit Authority
JITT ............... Just-In-Time Training
NPDES ............... National Pollutant Discharge Elimination System SSPWC ............... Standard Specifications for Public Works Construction TEES ................. Transportation Electrical Equipment Specifications PACP ................. Pipe Assessment & Certification Program

1. T
he Proposer shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job.

2. T
he Proposer shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards.

3. T
he Proposer, their employees and subcontractors shall follow all safety rules and safe work practices.

4. T
he Proposer will immediately notify the City of any significant and/or unusual hazards found during the course of work.

5. T
he Proposer shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. The Proposer is solely responsible for the legal disposal of hazardous waste generated in the performance of their work.

S
afety Indemnification: To the extent allowed by law, the Proposer agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Proposer, its subcontractors or City, attributable to any alleged act or omission of the Proposer or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer work sites. The City may deduct from any payment otherwise due the Proposer any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, City Council 13 – 12 2/1/2022
City of Santa Ana RFP 21-120

associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work
III. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein.

B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, i ncluding payment of all charges resulting from the Agreement. Contact information such as email and phone number must be included into the proposal.

E vidence of Financial Capacity : Proposer may be requested to submit its most recent au dited financial statement, evidencing proposer’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity.

C. REQUEST FOR INFORMATION OR CLARIFICATION
A ll questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set f or opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.

D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 as
s et forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents.

E. LIC ENSES & PERMITS
The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City ’s project manager or designee prior to commencing any work in Santa Ana.

A
dditionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work.

City Council 13 – 13 2/1/2022

City of Santa Ana RFP 21-120

F. INSURANCE
The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal g uaranty. The City will provid e the Selected Proposer with a “New Vendor Checklist” , which outlines insurance requirements.

G. PAYMENT INFORMATION PACKET
The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded.

H. PRE-PROPOSAL MEETING
Should a pre-proposal meeting be scheduled, the date, time , and location is identified on the cover page of this RFP . The meeting will include discussion of the project scope and a question-and-answer session. It is highly recommended that the Proposer’s key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in “Section D: Addenda.”

I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.

The City reserves the right to accept or reject the combined or separate components of this p roposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.

The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors.

J. BID PROTESTS
Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the Public Works Director or her/his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder.

City Council 13 – 14 2/1/2022

City of Santa Ana RFP 21-120

IV. SUBMITTAL REQUIREMENTS

A. GENERAL

1. The number of Proposal Copies and signature is specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION

2. Deadline:

Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals.

B. PROPOSAL CONTENTS

The proposal format and page limitation, if any, is specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION

1. STATEMENT OF QUALIFICATIONS: The Statement of Qualifications portion of the Proposal shall be limited to a MAXIMUM of (10) DOUBLE- SIDED PAGES (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11” x 17”. The Statement of Qualifications includes the following:

a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity.

b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix.

c. Company and Team Experience: Proposal shall include a profile of the Construction Company’s experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, as sociates in charge when project manager/principal agent is unavailable, key personnel, Construction Company size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/principal City Council 13 – 15 2/1/2022

City of Santa Ana RFP 21-120

agent shall be the primary contact person to represent your Construction Company and include any relevant on-call or emergency contracts with other local agencies.

d. Understanding of Need: Proposal shall include an outline , which demonstrates the Construction Company’s understanding of the w ork.

This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate.

e. Financial Capacity and Availability : To demonstrate a solid financial capacity and availability, the proposer shall include a list of four (4) relevant positive bond ratings demonstrating financial stability and reliability along with a list of past projects for which the company has reliably been able to respond to an agency’s on- call and/or emergency needs within the last five (5) years. Project information should include project description, year completed, client name, along with a person to contact and their telephone number/email address.

f. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years.

2. SCOPE OF SERVICES AND SCHEDULE:

Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP.

3. FEE PROPOSAL:

The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as “Fee Proposal.” This shall include the Company’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work.

The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding.

City Council 13 – 16 2/1/2022

City of Santa Ana RFP 21-120

4. CERTIFICATIONS:

The following forms shall be signed and included as part of the proposal submittal package:

• Attachment 3-1: Non-Collusion Affidavit
• Attachment 3-2: Non-Lobbying Certification
• Attachment 3-3: Non-Discrimination Certification
• Attachment 3-4: Contractor’s Licensing and Registration Statement • Attachment 3-5: Prevailing Wage Compliance and Monitoring Statement • Attachment 3-6: Ownership Affidavit
• Attachment 3-7: List of Sub-contractors (If included during time of original proposal. Note: As applicable, this list will need to be updated and re-submitted every time a new Task Order
is requested by the City from the p rime contractor to
reflect the scope of work of the requested Task Order.) • Attachment 3-8: References
• Attachment 3-9: Statement Regarding Apprenticeship Requirements • Attachment 3-10: Statement Regarding Anti-Kickback Requirements • Attachment 3-11: Public Contract Code Section 10162 Questionnaire • Attachment 3 -12: Statement Regarding Community Workforce Agreement (CWA) Requirements

V. PROPOSAL REVIEW (CONTRACTOR SELECTION)

A. EVALUATION AND RATING
The criteria for evaluating the proposals are specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION.

B. SELECTION
The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may or may not interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best quality and value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions.

City Council 13 – 17 2/1/2022
City of Santa Ana RFP 21-120

VI. AW ARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Executive Director of Public Works will recommend award of an agreement to the proposer providing the best quality and value to the City.

B. EXECUTION OF AGREEMENT
A standard agreement is included as Attachment 2: Standard Agreement in the Appendix of this RFP. “Proposer” will hereinafter be referred to as “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required insurance and documents and contents of the vendor registration and payment information packet have been received and approved.

VII. IMPLEMENTATION

NOT ICE TO PROCEED
P rior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City.

Fo
r “On-Call” contracts, individual City Project Managers will request pr oject/task specific proposals from Consultants on a n as -needed basis. Proposals will then be evaluated by City staff and written NTPs will be issued accordingly per each task order.

VIII. PUBLIC RECORDS
A
ll data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act.

P
roposals will become public record after award of contrac t. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.

City Council 13 – 18 2/1/2022
City of Santa Ana RFP 21-120
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK
CI

TY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL TRAFFIC CONTROL SERVICES
RFP NO.: 21-120
Introduction / Background
T
he City of Santa Ana intends to retain traffic control specialist contractor( s) on an as-needed or “on-call” basis. A Professional Services Agreement will be entered into with one or more of the qualified contractor(s) to provide professional traffic control services for a var iety of projects in the City.

Th
e work consists of general traffic control services. Each project and location will vary and each will be based on task order assignment. The selected contractor(s) shall comply with all City, local, State and Federal traffic related regulations. On occasions, the selected contractor(s) will be asked to provide professional engineering traffic plans for specific task orders, based on an agreed-upon specific scope of services and fees.

Scope of Services
T
he work consi sts of temporary and permanent traffic control services and the necessary traffic control devices, personnel and related equipment generally consisting of the following and not limited to:
• P
SMS citywide measure campaign
• Work area traffic control setup
• Job site flagging
• Lane closures
• Sidewalk closure
• Road closures (includes installation of K-Rail or water filled K-Rail and water truck used to fill plastic K-Rail container)
• Vehicle, bicycle and pedestrian detours
• Special event and traffic control set-up and pick-up
• Maintenance of Traffic Control zone (reset and replace missing delineators and barricades, etc… equipment)
T
he City’s Project Manager will notify the contractor(s) when traffic control services are needed.

The contractor(s) must be able to respond within a 48-hour period for planned services and within 2-hours of an emergency task order.

City Council 13 – 19 2/1/2022
City of Santa Ana RFP 21-120
Page A1-2
Note – Contractor(s) may be required to furnish material, equipment and supplies. Work may be performed after hours which may require specific equipment for night time work.

The Project manager or his/her(s) duly authorized representative will monitor the contractor(s) operations and on periodic basis to assure compliance with proper traffic control and safety procedures.

The selected contractor(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.

Project Management, Equipment/Supplies:

T
he contractor(s) services and materials shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to the latest editions of the following: Manual on Uniform Traffic Control Devices (MUTCD) , Work Area Traffic Control Handbook (WATCH) , American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by the City of Santa Ana standard plans section 1125F, and or federal, state and local guidelines established in the project.

A
ll vehicles involved in the traffic control job order shall be clearly identified, and any vehicle participating in traffic control setups and takedowns must have all warning and flashing signs properly and fully functional including and not limited to: warning signs, flashing lights, arrow boards, and safety backup alarms. Traffic mounted attenuators will be required for traffic control performed on major arterial streets.

Th
e contractor(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following:
• P
roject Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan
• Project Schedule/Invoicing
• Project Correspondence
I
n case of conflict, ambiguities, discrepancies, errors, or omissions, the contractor(s) shall submit the matter to the City for clarification.

The following services/items shall include, but are not be limited to:

1. I
f included in the on-call project scope, attend meetings with the City staff as required.

2. The contractor(s) shall coordinate the work with the proper regulatory agencies and have their respective representatives on site if required.

3. Contractor shall monitor all traffic control setups to ensure proper functioning and or to repair damaged or missing traffic control.

City Council 13 – 20 2/1/2022
City of Santa Ana RFP 21-120
Page A1-3

4. The contractor(s) personnel shall be responsible and carry themselves in a professional manner to the general public and City Staff at all times while performing work for the City. The City reserves the right, at the sole discretion of the project manager, and may request the contractor(s) to remove any employee and or sub- contractor(s) for any reason deem detrimental to the City and the safety of the public.

5. The City reserves the rights to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with t his contract and shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project.

All information regarding the job order and or documentation related to the project and approved by the City, will then become property of the City.

A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the contractor(s). All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. (See Fee Proposal Section).

City Responsibilities:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
• F
urnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City
• Advertise, award, and administer of contract
• Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards) if needed
Fee Proposal:

I
n addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

The fee proposal shall include the company’s standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. Equipment and material costs/fees to perform Traffic Control should be listed in fee schedule. A more specific scope of work wil l be provided when/if a project or Task Order proposal is requested from the contractor(s).

City Council 13 – 21 2/1/2022
City of Santa Ana RFP 21-120
Page A1-4
Other Terms and Conditions:

1. T
he City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.

2. A
ll reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals.

3. A
ll products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.

4. A
ccessibility. The Contractor shall fully inform himself regarding any particularities and limitations of the space available for the work to be performed. The contractor(s) shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible.

5. Cleanup during performance and upon completion of the work for this project contractor will remove all unused equipment of service, all excess or unsuitable material, trash, r ubbish, and debris, and legally dispose of same, unless stated or directed otherwise by these specifications.

Contractor shall leave the entire area clean in an acceptable condition as approved by the City.

6. Examination of Specification and Site. Contractor is expected to carefully examine the site of the proposed work and all proposal specifications, documents, and forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished and the requirements of the proposed specifications.

7. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder.

Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City.

8. Protection of Public. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the contractor to give advanced and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area.

9. Unknown Obstructions. Should any unknown obstruction be encountered during the course of this contract the Contractor immediately bring it to the attention of the City . The contractor shall be r esponsible for the protection of all existing equipment, furniture, or utilities encountered within the work area.

10. Rejection of Work. Contractor agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed.

City Council 13 – 22 2/1/2022
City of Santa Ana RFP 21-120
Page A1-5

11. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder.

Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, sha ll at times be considered independent contractors and not agents of City.

12. Subcontractors
• Contractor agrees to bind every subcontractor to the terms of the Agreement Documents as far as such terms are applicable to subcontractor’s portion of The Work.

Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Agreement Documents shall create any contractual relationship between any subcontractor and the City. • The City reserves the right to approve all subcontractors. The City’s Approval of any subcontractor under this Agreement s hall not in any way relieve Contractor of its obligations in the Agreement Documents.
• Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

13. Safety Requirements/Violations
• Safety at the Project site during performance of the work is of paramount concern to the City. Accordingly, the City will review violations recorded as serious or willful for federal or state OSHA regulations within the last five (5) years. • Contractors must identify the number of OSHA violations on the CONTRACTOR’S INDUSTRIAL SAFETY RECORD form. Any serious or willful violation may render a proposal as non-responsive. We strongly encourage full disclosure, since failure to identify all violations on the CONTRACTOR’S INDUSTRIAL SAFETY RECORD form may result in rejection of the proposal as non-responsive or the contractor as non- responsible following a hearing
• A citation properly appealed through OSHA is not considered to be a violation until the matter is closed and considered final by OSHA. The City still expects this information to be disclosed by the contractor, with an explanation and documentation showing that the matter is properly under appeal with OSHA and not considered closed or final. Failure to be forthcoming with this information may result in rejection of the proposal as non-responsive. Notwithstanding the preceding, the City may waive this criterion in its sole and absolute discretion.

City Council 13 – 23 2/1/2022
City of Santa Ana RFP 21-120
Page A1-6
• Describe your safety measures plan to assure the City that all applicable OSHA regulations will be adhered to with the inclusion of an Injury and Illness Prevention Program.

City Council 13 – 24 2/1/2022

City Council 13 – 25 2/1/2022
Page A2-1 of 11
Non-Fed Funding (6.1.2021)
Appendix
ATTACHMENT 2

STANDARD AGREEMENT

CONTRACTOR AGREEMENT

CITY OF SANTA ANA

THIS AGREEMENT is made and entered into on this day of , 2022 by and between ___________________________________________________________, (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS

A. The City desires to retain a Contractor having special skill and knowledge in the field of emergency repair or installations of new traffic signal systems, street lights, concrete wheel chair ramps, and appurtenances and other infrastructures.

B. Contractor represents that Contractor is able and willing to provide such services to the City.

C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES

Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work require d to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.

2. COMPENSATION

a. City neither warrants nor guarantees any minimum or maximum compensation to the Contra ctor under this Agreement. Contractor shall be paid only for actual services performed under this agreement at the r ates and charges identified in Exhibit B. Contractor is one of XX contractors selected to provide services on an on-call basis under RFP No. 21-120 and addenda thereto. The total compensation for any services provided by the contractors selected under RFP No. 21- 120 shall not exceed th e shared aggregate amount of $ 500,000 during the term of this City Council 13 – 26 2/1/2022
Page A2-2 of 11
Non-Fed Funding (6.1.2021)
agreement, including any extension periods.

b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM

This Agreement shall commence on the date first written above and terminate on _______________ for an initial three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

4. PREVAILING WAGES

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR

Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS

This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other doc uments or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor City Council 13 – 27 2/1/2022
Page A2-3 of 11
Non-Fed Funding (6.1.2021)
shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE

Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:

1. Commercial General Liability (“CGL”) Insurance- Insurance Services Officer Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, personal and advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability Insurance- Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non- owned), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation Insurance - as required by the State of California, with statutory limits and employer’s liability insurance with limits of no less than $1,000,000 per accident for bodily injury and disease.

4. Professional Liability Insurance (Errors and Omissions) - Contractor will maintain professional liability insurance appropriate to their profession with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.

A. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage, shall be available to the City.

B. The insurance policies required by this Agreement are to contain, or be endorsed to contain, the following provisions:
1) Additional Insured Status- the City, its officers, officials, employees and volunteers shall be covered as additional insureds on the CGL policy with respect to liability arising out of the work or operations performed by or on behalf of Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions used.)
City Council 13 – 28 2/1/2022
Page A2-4 of 11
Non-Fed Funding (6.1.2021)
2) Primary Coverage- for an claims related to this Agreement, the Contractor ’s insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor ’s insurance and shall not contribute to it.
3) Notice of Cancellation - Each insurance policy required above shall state that coverage shall not be cancelled except with notice to the City. 4) Waiver of Subrogation- Contractor hereby grants to City a waiver of any right to subrogation, which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5) Self-Insured Retentions- Self-insured retentions must be declared and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claims administration and defense expenses within the retention. The policy language shall provide or be endorsed to provide, that the self -insured retention may be satisfied by either the names inured or the City.
6) Acceptability of Insurers - Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. B est’s rating of no less than A:VII, unless otherwise acceptable to the City. 7) Claims Made Policies- If any of the required policies provide coverage on a claims- made basis:
i. The Retroactive Date must be shown and must be before the date of the agreement of the beginning of the agreement work;
ii. Insurance must be maintained and evidence of insurance provided for at least five (5) years after completion of work under this agreement; iii. If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the agreement effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of agreement work.
8) Verification of Coverage- Contractor shall furnish to City with original certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy list ing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to work beginning shall not waive the Contractor ’s obligation to provide them. The City reserves the right to require complete, certified copi es of all required insurance policies, including endorsements required by these specifications, at any time.

City Council 13 – 29 2/1/2022
Page A2-5 of 11
Non-Fed Funding (6.1.2021)
9) Subcontractors- Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10) Special Risks or Circumstances - City reserves the right to modify these requirements, including limits, based upon the nature of the risk, prior experience, insurer, coverage or other special circumstances.

8. INDEMNIFICATION

Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, whic h may arise from the negligent operations of the Contractor , its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. INTELLECTUAL PROPERTY INDEMNIFICATION

Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

10. RECORDS

Contractor shall keep recor ds and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a represent ative of the City to examine, audit, and make transcripts or copies of such records and any other documents created City Council 13 – 30 2/1/2022
Page A2-6 of 11
Non-Fed Funding (6.1.2021)
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

11. CONFIDENTIALITY

If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement , and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information inc ludes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful poss ession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE

Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

13. NON-DISCRIMINATION

Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as def ined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

14. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor . The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each City Council 13 – 31 2/1/2022
Page A2-7 of 11
Non-Fed Funding (6.1.2021)
party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

15. ASSIGNMENT

Inasmuch as this Agreement is intended to secure the specialized services of Contractor , Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.

16. TERMINATION

This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

17. WAIVER

No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, righ t or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

18. JURISDICTION - VENUE

This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

19. PROFESSIONAL LICENSES

City Council 13 – 32 2/1/2022
Page A2-8 of 11
Non-Fed Funding (6.1.2021)
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as i f fully set forth in the body of this Agreement.

21. NOTICE

Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956

With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635

City Council 13 – 33 2/1/2022
Page A2-9 of 11
Non-Fed Funding (6.1.2021)
To Contractor:

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communicati on shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA

Daisy Gomez Kristine Ridge
Clerk of the Council City Manager

APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney

By:

John Funk
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency
First & Last Name
Title
Contractor Firm Name
Address
City, State, Zip
Fax:

(name)
(title)
City Council 13 – 34 2/1/2022

Page A2-10 of 11
Non-Fed Funding (6.1.2021)

EXHIBIT A

SCOPE OF SERVICES

City Council 13 – 35 2/1/2022

Page A2-11 of 11
Non-Fed Funding (6.1.2021)

EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable

City Council 13 – 36 2/1/2022
Appendix
ATTACHMENT 3-1: NON-COLLUSION AFFIDAVIT

CERTIFICATIONS

City of Santa Ana RFP 21-120
Page A3-1

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)

To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS

In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed

State of California
County of

Subscribed and sworn to (or affirmed) before me on this day of , 21 , by

before me.
, proved to me on the basis of satisfactory evidence to be the person(s) who appeared

Notary Public Signature Notary Public Seal
City Council 13 – 37 2/1/2022
Appendix
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION

CERTIFICATIONS

City of Santa Ana RFP 21-120
Page A3-2

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a “Disclosure of Lobbying Activities”.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

Firm

Signed and Printed Name:

Title

Date
City Council 13 – 38 2/1/2022
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION

CERTIFICATIONS

City of Santa Ana RFP 21-120
Page A3-3

The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City Council 13 – 39 2/1/2022

City of Santa Ana RFP 21-120
Page A3-4

by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub-consultant or vendor as a result of such direction by the administering agency, the Consultant may r equest that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended,

No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

City Council 13 – 40 2/1/2022

Appendix
ATTACHMENT 3-4: CONTRACTOR’S LICENSING AND REGISTRATION

STATEMENT

City of Santa Ana RFP 21-120
Page A3-5

CONTRACTOR’S LICENSING AND REGISTRATION STATEMENT

The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Depar tment of Industrial Relations (DIR), and that the following is true and correct.

Contractor’s Name:

Business Address:

Business E-Mail Address:

Telephone:

State Contractor’s License No. and Class:

License Expiration Date:

State Dept. of Industrial Relations (DIR)
Registration No.:

State Dept. of Industrial Relations (DIR)
Registration Expiration Date:

Signed:

Title:

City Council 13 – 41 2/1/2022

Appendix
ATTACHMENT 3-5: PREVAILING WAGE COMPLIANCE AND MONITORING

STATEMENT

City of Santa Ana RFP 21-120
Page A3-6

PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, a nd since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contr actor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

The undersigned certifies that the foregoing is true and correct.

Name of Firm

Signature of

CONTRACTOR

Title
(if an individual, so state)

City Council 13 – 42 2/1/2022

Appendix
ATTACHMENT 3-6: OWNERSHIP AFFIDAVIT

City of Santa Ana RFP 21-120
Page A3-7

OWNERSHIP AFFIDAVIT

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF SANTA ANA )

, being duly sworn, deposes and says:

 INDIVIDUAL That he/she is the party making the foregoing proposal:

 PARTNERSHIP That he/she is a member of the co-partnership firm designated as:

and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by:

who constitute the other members of the co-partnership.

 CORPORATION That he is of:

a corporation which is making the foregoing proposal:

 JOINT VENTURE That he is of:

one of the parties making the foregoing proposal as a joint venture, and the he/she has be en and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are:

that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person.

Signature of CONTRACTOR
Subscribed and sworn to before me this day of 20

Signature of officer Administering Oath (Notary Public) City Council 13 – 43 2/1/2022

Appendix
ATTACHMENT 3-7: LIST OF SUB-CONTRACTORS

City of Santa Ana RFP 21-120
Page A3-8

LIST OF SUB-CONTRACTORS

Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the proposal/bid for all subcontract work exceeding the following amount:
o Streets, highways including bridge projects: ½% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ½% of the bid
Section 1725.5 of the Public Contract Code requires all Subcontractors be regis tered with the State Department of Industrial Relations (DIR).

CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below:

Name Name
License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount $

Name Name
License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

License # License #
Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount $

Name Name
License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

License # License #
Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount $

Signature of CONTRACTOR
City Council 13 – 44 2/1/2022

Appendix
ATTACHMENT 3-8: REFERENCES

City of Santa Ana RFP 21-120
Page A3-9

REFERENCES

The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRACTOR has performed similar work within the past three years.

1. Name and Address of Owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

2. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

3. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds.

City Council 13 – 45 2/1/2022

Appendix
ATTACHMENT 3-8: REFERENCES

City of Santa Ana RFP 21-120
Page A3-10

REFERENCES, (CONTINUED)

The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years.

1. Name and Address of Owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

2. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

3. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds.

City Council 13 – 46 2/1/2022

Appendix
ATTACHMENT 3-9: STATEMENT REGARDING APPRENTICESHIP

REQUIREMENTS

City of Santa Ana RFP 21-120
Page A3-11

STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS
The undersigned CONTRACTOR is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall:

1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected.

2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards.

3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council.

Signed:

Title:

Firm:

Date:

City Council 13 – 47 2/1/2022

Appendix
ATTACHMENT 3-10: STATEMENT REGARDING “ANTI-KICKBACK”

REQUIREMENTS

City of Santa Ana RFP 21-120
Page A3-12

STATEMENT REGARDING “ANTI-KICKBACK” REQUIREMENTS

The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland “Anti -Kickback” Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontr actor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled.

Signed:

Title:

Firm:

Date:

City Council 13 – 48 2/1/2022

Appendix
ATTACHMENT 3-11: PUBLIC CONTRACT CODE SECTION 10162

QUESTIONNAIRE

City of Santa Ana RFP 21-120
Page A3-13

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the CONTRACTOR shall complete, under penalty of perjury, the following questionnaire:

Has the CONTRACTOR, any officer of the CONTRACTOR’s organization, or any employee of the CONTRACTOR’s Company who has a proprietary interest in the CONTRACTOR, ever been disqualified, removed, or otherwise prevented from proposing/ bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No
If the answer is yes, explain the circumstances in the following space.

City Council 13 – 49 2/1/2022

Appendix
ATTACHMENT 3-12: STATEMENT REGARDING COMMUNITY WORKFORCE

AGREEMENT (CWA) REQUIREMENTS

City of Santa Ana RFP 21-120
Page A3-14

STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned CONTRACTOR, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at:
http://www.santa-ana.org/pwa/documents/CWA.pdf

The undersigned CONTRACTOR hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, CONTRACTOR will also be required to sign the Letter of Assent that appears as Attachment A to the CWA.

Public Works Construction Permit: The Contractor may be required to obtain a Public Works Construction Permit if the CWA thresholds for a Task Order are met or exceeded as described in this RFP’s Section III.E “Licenses & Permits.”
The undersigned has reviewed and understands that a Public Works Construction Permit for CWA administration fees and deposit that may be required as described in this RFP’s Section III.E “Licenses & Permits.”

Signed:

Title:

Firm:

Date:

City Council 13 – 50 2/1/2022

City of Santa Ana RFP 21-120
Page A4-1
Appendix

ATTACHMENT 4

City of Santa Ana Standard Plans

STANDARD PLANS

https://www.santa-ana.org/pw/engineering-services

City Council 13 – 51 2/1/2022

AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC., TO PROVIDE

ON-CALL TRAFFIC CONTROL SERVICES
THIS AGREEMENT is made and entered into this 1st day of February 2022, by and between California Barricade Rentals, Inc., dba as California Barricade, a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On November 2, 2021, the City issued Request for Proposal No. 21-120, by which it sought a qualified contractor to provide on-call traffic control services for the City’s Public Works Agency.

B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-120.

C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-120, which is attached as Exhibit A and incorporated in full, and as further described in Contractor’s Proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C.

Contractor is one of two (2) contractors selected to provide services on an on -call basis under RFP 21-120. The total annual compensation for services provided by all contractors selected under RFP No. 21-120 shall not exceed the shared aggregate amount of five hundred thousand dollars and zero cents ($500,000). b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.

Payment need not be made for work whic h fails to meet the standards of EXHIBIT 2
City Council 13 – 52 2/1/2022

performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

3. TERM
This Agreement shall commence on February 1, 2022 and terminate on January 31, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and th e performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,0 00 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in whi ch Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fi xed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all sub contractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.

Contractor represents and warrants that Contractor has t he legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to City Council 13 – 53 2/1/2022

Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE

Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation : as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

b. Other Insurance Provisions

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in City Council 13 – 54 2/1/2022

the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

City Council 13 – 55 2/1/2022

iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroa ctive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION

Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third par ty challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreem ent. City may make all reasonable decisions with respect to its representation in any legal proceeding.

City Council 13 – 56 2/1/2022

Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. INTELLECTUAL PROPERTY INDEMNIFICATION

Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

10. RECORDS

Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date o f final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other document s created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

11. CONFIDENTIALITY

If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disc lose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference t o information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE

Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this City Council 13 – 57 2/1/2022

Agreement.

13. NOTICE

Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956

Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702

To Contractor: California Barricade Rentals, Inc.
1550 E. Saint Gertrude Place
Santa Ana, CA 92705
Attn: Kellie Hurst, Vice President

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall b e effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For pur poses of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

14. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreem ents, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by th e City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or City Council 13 – 58 2/1/2022

obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

15. ASSIGNMENT

Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, tran sfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City.

16. WAIVER

No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. TERMINATION

This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:

a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work pr oduct completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.

b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement.

18. NON-DISCRIMINATION

Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

City Council 13 – 59 2/1/2022

19. JURISDICTION-VENUE

This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the S tate of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

20. PROFESSIONAL LICENSES

Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of Ca lifornia, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

21. MISCELLANEOUS PROVISIONS

a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA

________________________ _________________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager

[signatures continued on next page]

City Council 13 – 60 2/1/2022
Page
10 of
10 APPROVED AS TO FORM

CONTRACTOR

SONIA R. CARVALHO

City Attorney

By: _____________________

____________________________

Brandon Salvatierra

Name:

Deputy
City Attorney

Title:

RECOMMENDED FOR APPROVAL

____________________________

Nabil Saba,

PE

Executive Director

Public Works Agency

Kellie Hurst
Vice President
City Council 13 – 61 2/1/2022

EXHIBIT A

City Council 13 – 62 2/1/2022
City of Santa Ana RFP 21-120
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK
CI

TY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL TRAFFIC CONTROL SERVICES
RFP NO.: 21-120
Introduction / Background
T
he City of Santa Ana intends to retain traffic control specialist contractor( s) on an as-needed or “on-call” basis. A Professional Services Agreement will be entered into with one or more of the qualified contractor(s) to provide professional traffic control services for a var iety of projects in the City.

Th
e work consists of general traffic control services. Each project and location will vary and each will be based on task order assignment. The selected contractor(s) shall comply with all City, local, State and Federal traffic related regulations. On occasions, the selected contractor(s) will be asked to provide professional engineering traffic plans for specific task orders, based on an agreed-upon specific scope of services and fees.

Scope of Services
T
he work consi sts of temporary and permanent traffic control services and the necessary traffic control devices, personnel and related equipment generally consisting of the following and not limited to:
• P
SMS citywide measure campaign
• Work area traffic control setup
• Job site flagging
• Lane closures
• Sidewalk closure
• Road closures (includes installation of K-Rail or water filled K-Rail and water truck used to fill plastic K-Rail container)
• Vehicle, bicycle and pedestrian detours
• Special event and traffic control set-up and pick-up
• Maintenance of Traffic Control zone (reset and replace missing delineators and barricades, etc… equipment)
T
he City’s Project Manager will notify the contractor(s) when traffic control services are needed.

The contractor(s) must be able to respond within a 48-hour period for planned services and within 2-hours of an emergency task order.

City Council 13 – 63 2/1/2022
City of Santa Ana RFP 21-120
Page A1-2
Note – Contractor(s) may be required to furnish material, equipment and supplies. Work may be performed after hours which may require specific equipment for night time work.

The Project manager or his/her(s) duly authorized representative will monitor the contractor(s) operations and on periodic basis to assure compliance with proper traffic control and safety procedures.

The selected contractor(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.

Project Management, Equipment/Supplies:

T
he contractor(s) services and materials shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to the latest editions of the following: Manual on Uniform Traffic Control Devices (MUTCD) , Work Area Traffic Control Handbook (WATCH) , American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by the City of Santa Ana standard plans section 1125F, and or federal, state and local guidelines established in the project.

A
ll vehicles involved in the traffic control job order shall be clearly identified, and any vehicle participating in traffic control setups and takedowns must have all warning and flashing signs properly and fully functional including and not limited to: warning signs, flashing lights, arrow boards, and safety backup alarms. Traffic mounted attenuators will be required for traffic control performed on major arterial streets.

Th
e contractor(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following:
• P
roject Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan
• Project Schedule/Invoicing
• Project Correspondence
I
n case of conflict, ambiguities, discrepancies, errors, or omissions, the contractor(s) shall submit the matter to the City for clarification.

The following services/items shall include, but are not be limited to:

1. I
f included in the on-call project scope, attend meetings with the City staff as required.

2. The contractor(s) shall coordinate the work with the proper regulatory agencies and have their respective representatives on site if required.

3. Contractor shall monitor all traffic control setups to ensure proper functioning and or to repair damaged or missing traffic control.

City Council 13 – 64 2/1/2022
City of Santa Ana RFP 21-120
Page A1-3

4. The contractor(s) personnel shall be responsible and carry themselves in a professional manner to the general public and City Staff at all times while performing work for the City. The City reserves the right, at the sole discretion of the project manager, and may request the contractor(s) to remove any employee and or sub- contractor(s) for any reason deem detrimental to the City and the safety of the public.

5. The City reserves the rights to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with t his contract and shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project.

All information regarding the job order and or documentation related to the project and approved by the City, will then become property of the City.

A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the contractor(s). All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. (See Fee Proposal Section).

City Responsibilities:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
• F
urnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City
• Advertise, award, and administer of contract
• Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards) if needed
Fee Proposal:

I
n addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

The fee proposal shall include the company’s standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. Equipment and material costs/fees to perform Traffic Control should be listed in fee schedule. A more specific scope of work wil l be provided when/if a project or Task Order proposal is requested from the contractor(s).

City Council 13 – 65 2/1/2022
City of Santa Ana RFP 21-120
Page A1-4
Other Terms and Conditions:

1. T
he City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.

2. A
ll reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals.

3. A
ll products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.

4. A
ccessibility. The Contractor shall fully inform himself regarding any particularities and limitations of the space available for the work to be performed. The contractor(s) shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible.

5. Cleanup during performance and upon completion of the work for this project contractor will remove all unused equipment of service, all excess or unsuitable material, trash, r ubbish, and debris, and legally dispose of same, unless stated or directed otherwise by these specifications.

Contractor shall leave the entire area clean in an acceptable condition as approved by the City.

6. Examination of Specification and Site. Contractor is expected to carefully examine the site of the proposed work and all proposal specifications, documents, and forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished and the requirements of the proposed specifications.

7. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder.

Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City.

8. Protection of Public. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the contractor to give advanced and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area.

9. Unknown Obstructions. Should any unknown obstruction be encountered during the course of this contract the Contractor immediately bring it to the attention of the City . The contractor shall be r esponsible for the protection of all existing equipment, furniture, or utilities encountered within the work area.

10. Rejection of Work. Contractor agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed.

City Council 13 – 66 2/1/2022
City of Santa Ana RFP 21-120
Page A1-5

11. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder.

Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, sha ll at times be considered independent contractors and not agents of City.

12. Subcontractors
• Contractor agrees to bind every subcontractor to the terms of the Agreement Documents as far as such terms are applicable to subcontractor’s portion of The Work.

Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Agreement Documents shall create any contractual relationship between any subcontractor and the City. • The City reserves the right to approve all subcontractors. The City’s Approval of any subcontractor under this Agreement s hall not in any way relieve Contractor of its obligations in the Agreement Documents.
• Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

13. Safety Requirements/Violations
• Safety at the Project site during performance of the work is of paramount concern to the City. Accordingly, the City will review violations recorded as serious or willful for federal or state OSHA regulations within the last five (5) years. • Contractors must identify the number of OSHA violations on the CONTRACTOR’S INDUSTRIAL SAFETY RECORD form. Any serious or willful violation may render a proposal as non-responsive. We strongly encourage full disclosure, since failure to identify all violations on the CONTRACTOR’S INDUSTRIAL SAFETY RECORD form may result in rejection of the proposal as non-responsive or the contractor as non- responsible following a hearing
• A citation properly appealed through OSHA is not considered to be a violation until the matter is closed and considered final by OSHA. The City still expects this information to be disclosed by the contractor, with an explanation and documentation showing that the matter is properly under appeal with OSHA and not considered closed or final. Failure to be forthcoming with this information may result in rejection of the proposal as non-responsive. Notwithstanding the preceding, the City may waive this criterion in its sole and absolute discretion.

City Council 13 – 67 2/1/2022
City of Santa Ana RFP 21-120
Page A1-6
• Describe your safety measures plan to assure the City that all applicable OSHA regulations will be adhered to with the inclusion of an Injury and Illness Prevention Program.

City Council 13 – 68 2/1/2022

EXHIBIT B

City Council 13 – 69 2/1/2022

RFP NO. 21-021
On-Call Traffic Control Services

CITY OF SANTA ANA
Santa Ana Public Works Agency
Respectfully submitted to:

Respectfully submitted by:

City Council 13 – 70 2/1/2022
City of Santa Ana
RFP 21-120 Submittal
On-Call Traffic Control Services

Cover Letter
Contract Agreement Statement

City Council 13 – 71 2/1/2022
City Council 13 – 72 2/1/2022
City Council 13 – 73 2/1/2022
City of Santa Ana
RFP 21-120 Submittal
On-Call Traffic Control Services

Company and Team Experience
Understanding of Need
Financial Capacity and Availability
References
Scope of Services and Schedule

City Council 13 – 74 2/1/2022

FIRM & TEAM EXPERIENCE

ORGANIZATIONAL CHART

California Barricade, Inc. is a California Subchapter S Corporation and has been in business since 1984 providing work zone traffic control services and rental and sale of temporary traffic control devices. We service a variety of industries including, but not limited to: state and local governments, municipalities, paving, construction, environmental, pipeline, and entertainment companies.

We have held our C-31 work zone traffic control contractor’s license (785733) uninterrupted since this class was instituted in the year 2000. At that time, California Barricade, Inc. was grandfathered in when we were recognized as one of the few leading experts in the field.

California Barricade, Inc. employs highly trained ATSSA certified traffic control supervisors, traffic control technicians, flaggers, and traffic plan designers. They undergo training on a continuous basis. Their training and expertise gives them a working knowledge of how to accurately perform in diverse traffic situations per specifications outlined in traffic control plans, Caltrans Standard Plans and Specifications, California Manual on Uniform Traffic Control Devices (CAMUTCD), California Temporary Traffic Control Handbook (CATTCH) California Joint Utility Traffic Control Manual (CJUTCM), and the Work Area Traffic Control Handbook (WATCH).

Employees of California Barricade, Inc. hold certifications in the following safety programs:
 ATSSA Certified Traffic Control Supervisor
 ATSSA Certified Traffic Control Technician
 ATSSA Certified Flagger
 ATSSA Certified Traffic Control Design Specialist
 Loss Prevention System
 API Worksafe
 Passport Safety Program
 OSHA 10 Hour Occupational Safety & Health
 OSHA 40 Hour HAZWOPER
 NSC Defensive Driving

City Council 13 – 75 2/1/2022

Client Specialists
Sitina Vaea
O (714) 558-8474
[email protected]
Christina Novoa
O (714) 558-8474
[email protected]
ATSSA Certified Traffic Control Supervisors, Technicians, Flaggers, Plan Designers Steven Aguilar
(714) 380-1164
Gilberto Panameno
(714) 679-5863
Tanoa Seau
(714) 497-9725
Roger Caneda
(714) 715-2399
Ernesto Rivera
(714) 785-2405
Edward Semaia
(714) 679-5861
Adrian Cruz
(714) 450-5569
Andrew Rodriguez
(714) 679-6293
Jeff Sin
(714) 721-7817
Mark Gomez
(714) 558-8474
Andrew Rodriguez, Jr.
(714) 558-8474
Amanake Vaea
(714) 721-7828
Jose Gonzalez
(714) 476-4490
Eric Rodriguez
(714) 497-7765
Mark Hurst
President
O (714) 558-8474 M (714) 679-5856
[email protected]
Kellie Hurst
Vice President
O (714) 558-8474 M (714) 679-5857
[email protected]
David Tangitau
General Manager
O (714) 558-8474 M (714) 721-7761
[email protected]
Owen Vaea
Operations Manager|Plan Design
O (714) 558-8474 M (714) 721-7833
[email protected]

Organizational Chart
Joni Watson
Chief Financial Officer
O (714) 558-8474
[email protected]

Julie Escobar
Accounts Receivable
O (714) 558-8474
[email protected]

Roger Caneda
Estimating|Plan Design
O (714) 558-8474 M (714) 715-2399
[email protected]

City Council 13 – 76 2/1/2022

David Tangitau | General Manager

Mr. Tangitau has 19 years of extensive experience within the work zone traffic control industry. Initially hired as a flagger, he quickly progressed to a certified technician. Gaining significant experience, he advanced to a certified traffic control supervisor. During his time of gaining experience specific to work zone traffic control, he also gained invaluable experience managing crews and engaging with clients on job sites. Currently, he oversees all projects for California Barricade Rentals, Inc., and has developed a team of well trained, safety focused, certified technicians and flaggers.

Relevant Experience

 City of Santa Ana
Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios for the Water Resources Departments, and for all city-wide community events requiring traffic/crowd control.
 Irvine Ranch Water District
Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios for both scheduled and emergency response traffic control related to water and sewer operations.
 GeoSyntec Consultants, Inc. (Caltrans)
Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios on Southern California highways for Caltrans projects managed by GeoSyntec
Consultants, Inc.
 GHD, Multiple Southern California Sites
Mr. Tangitau provided oversight of projects with extensive and diverse traffic control scenarios for environmental related activities.
 RL Clotworthy (Verizon 5G)
Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios for infrastructure related activities.
 Ninyo & Moore, Multiple Southern California Sites
Mr. Tangitau provided oversight of projects with extensive and diverse traffic control scenarios for environmental related activities including well installation and abandonment as well as sampling and monitoring.

Registrations/Certifications
 ATSSA Certified Traffic
Control Supervisor
 ATSSA Certified Traffic
Control Technician
 ATSSA Certified Flagger
 40 Hour HAZWOPER
 LPS Certified
 API WorkSafe Certified
 NSC Defensive Driving
Certified

Areas of Expertise
 Project management
specific to the scope of
work zone traffic control.
 Crew development,
training, and project
specific preparation.
 Project specific site
assessments with an eye
toward well executed and
sometimes creative work
zone traffic control in
challenging locations.

City Council 13 – 77 2/1/2022

Owen Vaea | Operations Manager, Safety Supervisor

Mr. Vaea has 12 years of extensive experience within the work zone traffic control industry. Initially hired as a flagger, he quickly progressed to a certified technician. Gaining significant experience, he advanced to a certified traffic control and safety supervisor. During his time of gaining experience specific to work zone traffic control, he also gained invaluable experience managing crews and engaging with clients on job sites. Currently, he oversees all projects for California Barricade Rentals, Inc., and has developed a team of well trained, safety focused, certified technicians and flaggers. Mr. Vaea also has vast experience developing site specific work zone traffic control plans.

Relevant Experience

 City of Santa Ana
Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for the Water Resources Departments, and for all city-wide community events requiring traffic/crowd control.
 Irvine Ranch Water District
Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for both scheduled and emergency response traffic control related to water and sewer operations.
 GeoSyntec Consultants, Inc. (Caltrans)
Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios on Southern California highways for Caltrans projects managed by GeoSyntec
Consultants, Inc.
 GHD
Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for environmental related activities.
 RL Clotworthy (Verizon 5G)
Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for infrastructure related activities.

Registrations/Certifications
 ATSSA Certified Traffic
Control Supervisor
 ATSSA Certified Traffic
Control Design Specialist
 ATSSA Certified Traffic
Control Technician
 ATSSA Certified Flagger
 40 Hour HAZWOPER
 LPS Certified
 API WorkSafe Certified
 NSC Defensive Driving
Certified

Areas of Expertise
 Project management
specific to the scope of
work zone traffic control.
 Crew safety training and
project specific safety
preparations.
 Project specific site
assessments with an eye
toward well executed and
sometimes creative work
zone traffic control in
challenging locations.
 Expert development of
traffic control plans
specific to site location
and governing agency
regulations.

City Council 13 – 78 2/1/2022

UNDERSTANDING OF NEED

California Barricade, Inc. has vast experience in meeting the traffic control requirements for the City of Santa Ana. As an approved vendor since the early 1990’s, we have expanded substantially the level of service and commitment to the City. We have, and will continue to provide excellent service and response to both City employees, and outside organizations that work within city limits.

Experts in Our Field
California Barricade, Inc. has been in business as a C-31 Work Zone Traffic Control service provider since 1984, and employs only ATSSA Certified Traffic Control Supervisors, Technicians, and Flaggers.

We have a command of MUTCD, WATCH, AASHTO, Caltrans standard plans, and the SAMC. We possess the ability to design and read all manner of traffic control plan. The ongoing intensive training and refreshing that our field personnel receive is the highest level available in our industry.

Commitment to Safety
The safety culture at California Barricade, Inc. is vibrant and engaging. Every employee is committed to everyone they work with, on and off the job site, going home safe every day. Considerable time and resources are invested in training, behavior, awareness, and communication. Daily tailgate talks, and monthly safety meetings equip all employees with the tools needed to do their job safely.

Customer Service Excellence
The City of Santa Ana has enjoyed, and will continue to enjoy access to all California Barricade, Inc. support personnel. Every employee is committed to a positive and productive relationship with City personnel.

Mark Hurst President
Kellie Hurst Vice President/Contracts
David Tangitau General Manager
Owen Vaea Operations Manager|Safety Supervisor
Sitina Vaea Quotes/Scheduling/Insurance
Julie Escobar Billing

Timely Proposal Processing
Immediately upon request, our team of qualified employees will properly assess the required field operations, and prepare a proposal according to the needs of the City. Typical turn-around time is 1-2 business days. In the event a site visit is required, the proposal may take 2-4 days. Every effort will be made to provide proposals within the timeframe communicated by the City.

Pre-field Meeting Attendance
California Barricade, Inc. has faithfully attended, and fully participated in pre-field meetings, and will continue to do so. We will use those opportunities to build relationships, better understand the scope of work, and the needs of those involved in the planning. This allows us to enhance our level of service to properly respond to concerns about safety, and the goal to insure systematic field operation.

Professional Engagement with All Departments
Currently, California Barricade, Inc. has a very positive working relationship with all involved departments of the City. We are committed to continuing to serve the Public Works Agency well.

Representatives from any City department can be assured that the level of response and commitment by California Barricade, Inc. will be unparalleled.

Continued…

City Council 13 – 79 2/1/2022

Work Related Traffic Control Plans
Both the City, and outside organizations who work within the City may require traffic control plans.

California Barricade, Inc. provides plan design per regulations outlined in the WATCH Manual or CAMUTCD. Plans will be drawn specific to the scope of work provided by the City. Oversite by the City’s Traffic Engineering Department is welcomed.

Work Zone Traffic Control
Once the scope of work has been determined, and plans and permits are in place, our experienced traffic control technicians will begin the process analyzing the plans for proper execution. Execution may vary by work scope, and as much as possible, traffic control devises will be pre-staged for rapid placement when work begins. Technicians will dispatch with all necessary information, plans, vehicles, and equipment necessary to meet or exceed the requirements for the field operation.

Job Related Response Time
California Barricade, Inc. is located within the City of Santa Ana, as are some of our technicians. This gives us the ability to mobilize and respond at any time the City requires. While it is not typical the City would require our services on an emergency basis, they certainly could, and will be met with a rapid 1- 2 hour response.

Quality Assurance
Every task performed in support of the City and outside organizations, will be done with an emphasis on professionalism, safety, quality, excellence, and timeliness. Procedures are in place that assure the City any request that is made will be addressed immediately, and accurately.

Timely and Accurate Billing
We will continue our commitment to provide timely and accurate invoices to either the City or outside organizations. Invoices will directly correlate to the proposal, and may include any service or equipment adjustments made in the field, and approved by the client.

Wrap-up Meeting Attendance
When invited, California Barricade, Inc. will faithfully attend, and fully participate in wrap-up meetings.

We will use those opportunities to better understand the impact of our service to the City, and make any adjustments needed. We will share anything learned that will insure traffic control for future projects be as safe and efficient as possible.

City Council 13 – 80 2/1/2022

PAST PROJECTS & REFERENCES

INDICATING FINANCIAL CAPACITY & AVAILABILITY

Client Name City of Santa Ana Water Resources Department Contact Name Jaime Bermudez
Phone/Email (714) 351-4515 [email protected]
Project Dates Ongoing since 2021
Project Description On-call work zone traffic control services

Client Name Irvine Ranch Water District
Contact Name Scott Beltran
Phone/Email (949) 453-5717 [email protected]
Project Dates Ongoing since 1998
Project Description On-call and emergency response work zone traffic control services for collections, construction, and maintenance departments.

Client Name RL Clotworthy Construction, Inc.

Contact Name Dean Hinson
Phone/Email (951) 693-5130 [email protected]
Project Dates Ongoing since 2020
Project Description On-call response work zone traffic control services for Verizon 5G infrastructure operations.

Client Name Orange County Water District
Contact Name Ben Lockhart
Phone/Email (714) 378-3293 [email protected]
Project Dates Ongoing since 2009
Project Description On-call work zone traffic control services.

Client Name Ocean Blue Environmental Services, Inc.

Contact Name Ed Acosta
Phone/Email (562) 429-8612 [email protected]
Project Dates Ongoing since 2010
Project Description Emergency response work zone traffic control services.

City Council 13 – 81 2/1/2022

SCOPE OF SERVICES AND SCHEDULE
Monitored After Set-Up
Work Scope Personnel Equipment Timeline
Exclusion zone(s)
including but not limited
to:
 Lane Closure(s)
 Road
Closure(s)
 Detour(s)
ATSSA Certified
Traffic Control Supervisor(s)
Traffic Control Technician(s)
Flashing Arrow Boards
Cones or Delineators
Type I and/or Type III
Barricades
Advanced Warning Signs
Construction Area Signs
1-2 hours to mobilize
Set-up is scope
specific, estimate 30-
60 minutes for typical
lane closure
Flagging Operation(s) ATSSA Certified Flagger(s)
Advanced Warning Signs
Stop/Slow Paddles
Two-way Communication
Flashlight or Signal Wand
Balloon Lights
1-2 hours to mobilize
and set flagger stations
Truck Mounted
Attenuator
ATSSA Certified
TMA Operator
TMA (Scorpion) on truck
mounted with flashing arrow
board
1-2 hours to mobilize
Special Event Install &
Remove
ATSSA Certified & Trained
Traffic Control Supervisor(s)
Traffic Control Technician(s)
Laborer(s)
Scope related traffic control
devices
Mobilization, staging,
and set up is scope
specific
Unattended After Task
Work Scope Personnel Equipment Timeline
Closure Maintenance ATSSA Trained
Traffic Control Technician
Scope related traffic control
devices
2-4 hours port to port
depending on size of
closure and/or detour
route
Sidewalk Closure(s) ATSSA Trained
Traffic Control Technician
Advanced Warning Signs
Sidewalk Closure Signage
Cones or Delineators
Cone Bars
Caution Tape
2 hours port to port
Temporary No Parking
Zone(s) Laborer
Type I Barricades or
Delineators
Temporary No Parking or
Tow Away Signs
2 hours port to port
Installation of Concrete
Krail
ATSSA Certified
Traffic Control Technician(s)
Flatbed truck driver
Reach Forklift Operator -or-
Boom Truck Operator
Traffic control if needed
5’, 10’, or 20’ Concrete Krails
Reach Forklift or Boom
Truck
Crash Array or SLED
specific to speed limit
Reflectors & Directional
P-Markers
Depends on quantity
Estimate 4 hours for
every 20 pieces
Installation of Water
Barriers
ATSSA Certified
Traffic Control Technician(s)
Helper(s)
6’ Guardian (42”) or 6’ Water
Wall (36”) Water Barriers
with
Locking Pins
Depends on quantity
Estimate 2 hours for
every 20 pieces
City Council 13 – 82 2/1/2022
California Barricade, Inc. is located within city limits and will respond to emergency calls in 1-2 hours. If the work scope is vast, an advance crew will arrive within 2 hours and additional technicians will mobilize accordingly.

All California Barricade, Inc. vehicles and equipment are clearly identified with the company logo and phone number. All traffic control vehicles and truck mounted attenuators are fully equipped with functional beacons, flashing lights, and strobes. Flashing Arrow Boards and/or Changeable Message Signs will be either truck or trailer mounted.

High visibility reflective equipment to be used for night work. As will light towers and balloon lights if the work scope requires it.

All exclusion zones to be set in accordance with the provisions, guidelines and specifications detailed in the latest editions of the following: California Manual on Uniform Traffic Control Devices (CAMUTCD), Work Area Traffic Control Handbook (WATCH), American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional standards established by the City of Santa Ana standard plans section 1125F, and or federal, state and local guidelines established in the project.

In some cases, specific ADA equipment may not be available for services or rental. The City may be required to purchase certain ADA items. Advance notice by the City will ensure availability.

Unattended After Task (continued)
Work Scope Personnel Equipment Timeline
Water Delivery Service Water truck operator
Water truck with appropriate
hoses
Water Meter
Depends on quantity
Estimate 2 hours for
every 20 water barriers
Mobilize Changeable
Message Sign Laborer Pre-programmed CMS 1-2 hours per CMS port to port
Development Services
Scope Personnel Timeline
Pre-Field Meeting
Manager
Supervisor
Safety Supervisor
Estimator
A representative of CBR familiar with the project will be available at the City’s convenience for pre-field
meetings.

Post-Field Meeting Manager
Supervisor
A representative of CBR familiar with the project will be available at the City’s convenience for post-field
meetings.

Traffic Plan
Development
ATSSA Certified Traffic
Control Design Specialist
Typical: 5-7 business days
Expedited 2-4 business days
In every case, CBR will respond according to the
needs of the City.

Traffic and/or Civil Engineer
Typical: 10-15 business days
Expedited 5-7 business days
In every case, CBR will respond according to the
needs of the City.

City Council 13 – 83 2/1/2022
City of Santa Ana
RFP 21-120 Submittal
On-Call Traffic Control Services

Certifications

City Council 13 – 84 2/1/2022
City Council 13 – 85 2/1/2022
City Council 13 – 86 2/1/2022
City Council 13 – 87 2/1/2022
City Council 13 – 88 2/1/2022
City Council 13 – 89 2/1/2022
City Council 13 – 90 2/1/2022
City Council 13 – 91 2/1/2022
City Council 13 – 92 2/1/2022
City Council 13 – 93 2/1/2022
City Council 13 – 94 2/1/2022
City of Santa Ana 20 Civic Center Plaza Room 429 Santa Ana, CA 92701 Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92619 Work zone traffic control services
Work zone traffic control services
Event related & work zone traffic control services Ongoing since 1998 Ongoing since 1995
Ongoing
Scott Beltran (949) 453-5717
$495,293 | $300,000
Sonia Batres (714) 571-4227 | Jaime Bermudez (714) 351-4515 Open
Open
Geosyntec Consultants, Inc. (Caltrans) 3043 Gold Canal Drive Ste 100 Rancho Cordova, CA 95670 Andy Andrews (916) 637-8048
Elmco Insurance Richard Campoli (714) 361-1911 [email protected] 1904 North Main Street Santa Ana, CA 92706
City Council 13 – 95 2/1/2022
Orange County Water District P.O. Box 20845 Fountain Valley, CA 92728 Open Work zone traffic control services Ongoing since 2009 R.L. Clotworthy Construction, Inc. (Verizon 5G) 41550 Reagan Way Murrieta, CA 92562 Open Work zone traffic control services Ongoing since 9/2020 Dean Hinson (951) 693-5130
Ben Lockhart (714) 378-3293
City Council 13 – 96 2/1/2022
City Council 13 – 97 2/1/2022
City Council 13 – 98 2/1/2022
x
City Council 13 – 99 2/1/2022
Intentionally left blank.

City Council 13 – 100 2/1/2022
City of Santa Ana
RFP 21-120 Submittal
On-Call Traffic Control Services

Supporting Documents

City Council 13 – 101 2/1/2022
City Council 13 – 102 2/1/2022
 
City Council
 13 – 103
2/1/2022
 

City Council 13 – 104 2/1/2022
Certification Type Status From To
SB(Micro) Approved 06/08/2021 06/30/2023
Printed on: 6/9/2021 10:20:39 AM
To verify most current certification status go to: https://www.caleprocure.ca.gov Oice of Small Business & DVBE Services
Certification ID: 25944
Legal Business Name:

California Barricade Rentals, Inc.

Doing Business As (DBA) Name 1:

California Barricade Rentals, Inc.

Doing Business As (DBA) Name 2:

California Barricade, Inc.

Address:
1550 E. Saint Gertrude Place
Santa Ana
CA 92705
Email Address:
[email protected]
Business Web Page:
www.californiabarricade.com
Business Phone Number:
714/558-8474
Business Fax Number:
714/558-3821
Business Types:

Construction , Non-Manufacturer , Service
Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV
Questions?
Email: [email protected]
Call OSDS Main Number: 916-375-4940
707 3rd Street, 1-400, West Sacramento, CA 95605
City Council 13 – 105 2/1/2022

EXHIBIT C

City Council 13 – 106 2/1/2022

LABOR FEE PROPOSAL

Service Descriptions: Work area traffic control set-up, monitoring, removal, flagging operations, lane closures, road closures, detours, installations & removals, and special events.

Prices will escalate according to bi-annual increases on the DIR Prevailing Wage Determinations.

A ‘not to exceed’ amount is directly related to the number of occurrences required by the City.

2022 Prevailing Wage
M-F
Hourly
Saturday
Hourly
Sunday
Hourly
1 technician - 4 hour minimum $125.00 $145.00 $165.00
Overtime after 8 hours – per technician $145.00 $145.00 $165.00 Overtime after 12 hours – per technician $165.00 $165.00 $165.00

1 supervisor – 4 hour minimum $145.00 $165.00 $185.00
Overtime after 8 hours – per supervisor $165.00 $165.00 $185.00 Overtime after 12 hours – per supervisor $185.00 $185.00 $205.00

2022 Standard Wage
M-F
Hourly
Saturday
Hourly
Sunday
Hourly
Mobilization & demobilization – per technician $95.00 $115.00 $135.00 Mobilization & demobilization – per supervisor $115.00 $135.00 $155.00

Daily
Attenuator vehicle (without operator) $395.00
City Council 13 – 107 2/1/2022

RENTAL FEE PROPOSAL

RENTAL ITEM DAILY WEEKLY MONTHLY
Flasher only $ 0.15 $ 0.60 $ 1.80 Type B flasher $ 0.55 $ 2.20 $ 6.60

Type l barricade $ 0.25 $ 1.00 $ 3.00 Type l barricade w/ flasher $ 0.28 $ 1.10 $ 3.30 Type l barricade w/ sign $ 0.70 $ 2.80 $ 8.40 Type l barricade w/ flasher & sign $ 0.83 $ 3.30 $ 9.90

Type lll barricade $ 1.38 $ 5.50 $ 16.50 Type lll barricade w/ flasher $ 1.65 $ 6.60 $ 19.80 Type lll barricade w/ sign $ 1.93 $ 7.70 $ 23.10 Type lll barricade w/ flasher & sign $ 2.20 $ 8.80 $ 26.40

Sign only (aluminum, mesh or reflective) $ 0.55 $ 2.20 $ 6.60

Advance warning signs 36 x 36 or 48 x
48 Mesh or reflective sign w/ stands & flags
-or- $ 1.10 $ 4.40 $ 13.20 Aluminum signs on a-frame sign stands
Advance warning signs w/flasher $ 1.25 $ 5.00 $ 15.00

10’ parade barricades $ 1.65 $ 6.60 $ 19.80 7’6” pedestrian barricades $ 3.30 $ 13.20 $ 39.60

39” delineator (12 lb. base) $ 0.20 $ 0.80 $ 2.40 Delineator base only (12 lb.) $ 0.15 $ 0.60 $ 1.80 28” traffic cones reflective (7 lb.) $ 0.30 $ 1.20 $ 3.60 Traffic drums (25 lb. base) $ 0.83 $ 3.30 $ 9.90

K-Rail: Concrete CALL
K-Rail: Water filled $ 3.30 $ 13.20 $ 39.60

Traffic Beacons $ 17.50 $ 87.50 $ 162.50 Solar Arrow Boards $ 32.50 $ 150.00 $ 400.00 Light Towers $ 45.00 $ 170.00 $ 495.00 Message Boards $ 92.50 $ 300.00 $ 600.00

City Council 13 – 108 2/1/2022
AGREEMENT WITH STATEWIDE TRAFFIC SAFETY AND SIGNS, INC., TO

PROVIDE ON-CALL TRAFFIC CONTROL SERVICES
THIS AGREEMENT is made and entered into this 1st day of February 2022, by and between Statewide Traffic Safety and Signs, Inc., dba as Statewide Safety Systems, Inc., a Delaware corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").

RECITALS

A. On November 2, 2021, the City issued Request for Proposal No. 21-120, by which it sought a qualified contractor to provide on-call traffic control services for the City's Public Works Agency.

B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-120.

C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
On an on-call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-120, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C.

Contractor is one of two (2) contractors selected to provide services on an on-call basis under RFP 21-120. The total annual compensation for services provided by all contractors selected under RFP No. 21-120 shall not exceed the shared aggregate amount of five hundred thousand dollars and zero cents ($500,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.

Payment need not be made for work which fails to meet the standards of Page I of 10
EXHIBIT 3
City Council 13 – 109 2/1/2022
performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

3. TERM
This Agreement shall commence on February 1, 2022 and terminate on January 31, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to

City Council 13 – 110 2/1/2022
City Council 13 – 111 2/1/2022
City Council 13 – 112 2/1/2022
City Council 13 – 113 2/1/2022
City Council 13 – 114 2/1/2022
City Council 13 – 115 2/1/2022
City Council 13 – 116 2/1/2022
City Council 13 – 117 2/1/2022
City Council 13 – 118 2/1/2022
City Council 13 – 119 2/1/2022
City Council 13 – 120 2/1/2022
City Council 13 – 121 2/1/2022
City Council 13 – 122 2/1/2022
City Council 13 – 123 2/1/2022
City Council 13 – 124 2/1/2022
City Council 13 – 125 2/1/2022
City Council 13 – 126 2/1/2022
City Council 13 – 127 2/1/2022
City Council 13 – 128 2/1/2022
City Council 13 – 129 2/1/2022
City Council 13 – 130 2/1/2022
City Council 13 – 131 2/1/2022
City Council 13 – 132 2/1/2022
City Council 13 – 133 2/1/2022
City Council 13 – 134 2/1/2022
City Council 13 – 135 2/1/2022
City Council 13 – 136 2/1/2022
City Council 13 – 137 2/1/2022
City Council 13 – 138 2/1/2022
City Council 13 – 139 2/1/2022
City Council 13 – 140 2/1/2022
City Council 13 – 141 2/1/2022
City Council 13 – 142 2/1/2022
City Council 13 – 143 2/1/2022
City Council 13 – 144 2/1/2022
Public Works Agency
www.santa-ana.org/pw
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 1, 2022
TOPIC: Resolution and Master Agreement for State-Funded Transit Projects

AGENDA TITLE
Adopt Resolution Authorizing the Executive Director of the Public Works Agency to Execute Program Supplement Agreements with the State of California Department of Transportation, as Required by Master Agreement No. 64A0274, and Approve the Master Agreement for State-Funded Transit Projects No. 64A0274 to Secure State Grant Funds

RECOMMENDED ACTION

1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute all program supplement agreements required by the Master Agreement for State-Funded Transit Projects No. 64A0274 with the State of California Department of Transportation to reimburse the City for State-Funded projects.

2. Authorize the City Manager to execute the Master Agreement for State-Funded Transit Projects No. 64A0274 with the State of California Department of Transportation for a ten-year term, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
For the City to be awarded State-funded grants for specific projects, a program supplement agreement is required to secure those funds and receive reimbursements.

This can only be done with a Master Agreement in place (Exhibit 1). This Master Agreement allows the City to receive reimbursements on a number of State-funded projects. However, a resolution (Exhibit 2) is required to authorize the Executive Director of the Public Works Agency to execute all program supplements which fall under this Master Agreement. Program supplements define the scope of work and reimbursement limits for each State-funded project and must be separately executed to receive the funds.

City Council action will still be required to approve the City’s Capital Improvement Program projects and any subsequent Master Agreement revisions.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

City Council 14 – 1 2/1/2022
Resolution and Master Agreement for State-funded Transit Projects February 1, 2022

2 4
0 3

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Master Agreement

2. Resolution
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 14 – 2 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274
Revised December 23,2020

Master Agreement
State Funded Transit Projects
California Department of Transportation
DIV

ISION OF RAIL AND MASS TRANSPORTATION
1120 N STREET, ROOM 3300
P. O. BOX 942874, MS-39
SACRAMENTO, CA 94274-0001
PHONE (916) 654-8012
EXHIBIT 1
City Council 14 – 3 2/1/2022
City Council 14 – 4 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274
Page i of ii

Revised December 23,2020

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

DIVISION OF RAIL AND MASS TRANSPORTATION

TABLE OF CONTENTS

FUNDING SOURCES COVERED BY THIS AGREEMENT as identified in each Program Supplement __________________________________________________________________ 1 ARTICLE I - PROJECT ADMINISTRATION _____________________________________ 1 Section 1. Program Supplement _____________________________________________________ 1 A. General ___________________________________________________________________________ 1 B. Project Overrun _____________________________________________________________________ 4 C. Scope of Work _____________________________________________________________________ 4 D. Program Supplement Amendments______________________________________________________ 4 Section 2. Allowable Costs and Payments _____________________________________________ 4 A. Allowable Costs and Progress Payment Vouchers __________________________________________ 4 B. Advance Payments (TCR Projects Only) _________________________________________________ 5 C. Expedited Payments (Excludes TCR Projects) _____________________________________________ 6 D. Advance Expenditure of Local Funds ____________________________________________________ 6 E. Travel Reimbursement _______________________________________________________________ 7 F. Final Invoice _______________________________________________________________________ 7 ARTICLE II – GENERAL PROVISIONS _________________________________________ 7 Section 1. Funding ________________________________________________________________ 7 A. Local Match Funds __________________________________________________________________ 7 B. Funding Contingencies _______________________________________________________________ 8 C. Funds Movement ___________________________________________________________________ 8 Section 2. Audits and Reports ______________________________________________________ 8 A. Cost Principles _____________________________________________________________________ 8 B. Record Retention ___________________________________________________________________ 9 C. Quarterly Review __________________________________________________________________ 10 Section 3. Special Requirements ____________________________________________________ 10 A. California Transportation Commission (CTC) Resolutions __________________________________ 10 B. Recipient Resolution ________________________________________________________________ 11 C. Termination _______________________________________________________________________ 11 D. Third Party Contracting _____________________________________________________________ 12 E. Change in Terms/Amendments ________________________________________________________ 13 F. Project Ownership __________________________________________________________________ 13 G. Disputes _________________________________________________________________________ 15 H. Hold Harmless and Indemnification ____________________________________________________ 15 I. Labor Code Compliance _____________________________________________________________ 16 J. Non-Discrimination ________________________________________________________________ 16 K. State Fire Marshal Building Standards __________________________________________________ 17 L. Americans with Disabilities Act _______________________________________________________ 17 M. Access for Persons with Disabilities ____________________________________________________ 17 N. Disabled Veterans Program Requirements _______________________________________________ 17 O. Environmental Process ______________________________________________________________ 18

City Council 14 – 5 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274
Page ii of ii

Revised December 23,2020
ARTICLE III – SPECIAL PROVISIONS ________________________________________ 18 Section 1. Bond Provisions ________________________________________________________ 18 A. General Bond Provisions ____________________________________________________________ 18 Section 2. TCRP PROJECTS ______________________________________________________ 21 Section 3. PROJECT MANAGEMENT _____________________________________________ 21 Attachment I -- CTC Resolution G-91-2 __________________________________________ 22 Attachment II -- Recipient Agency Board Resolution _______________________________ 24

City Council 14 – 6 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

DIVISION OF RAIL AND MASS TRANSPORTATION

MASTER AGREEMENT

STATE FUNDED TRANSIT PROJECTS

Effective Date of this Agreement: Month Date, Year (upon final signature) Termination Date of this Agreement: Month Date, Year (10 years post final signature) Recipient: City of Santa Ana

APPLICABLE FUNDING SOURCES COVERED BY THIS AGREEMENT WILL BE

IDENTIFIED IN EACH SPECIFIC PROGRAM SUPPLEMENT

ADOPTING THE TERMS OF THIS AGREEMENT

♦ General Fund
♦ State Highway Account
♦ Public Transportation Account
♦ Clean Air and Transportation Improvement Act of 1990 (PROP. 116) Bond Fund ♦ Traffic Congestion Relief Fund (TCR), GC 14556.40
♦ Proposition 1A, the Safe, Reliable High-Speed Passenger Train Bond Act ♦ Road Repair and Accountability Act of 2017, Senate Bill 1 ♦ Other State Funding Sources (Existing and Future), except the Transit and Intercity Rail Program (TIRCP)

This AGREEMENT, entered into effective as of the date set forth above, is between the signatory public entity identified hereinabove, hereinafter referred to as RECIPIENT, and the STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter referred to as STATE.

ARTICLE I - PROJECT ADMINISTRATION

Section 1. Program Supplement

A. General

(1) This AGREEMENT shall have no force and effect with respect to any PROJECT unless and until a separate PROJECT specific “PROGRAM SUPPLEMENT – STATE FUNDED TRANSIT PROJECT(S),” hereinafter referred to as “PROGRAM SUPPLEMENT,” adopting all of the terms and conditions of this AGREEMENT has been fully executed by both STATE and RECIPIENT.

City Council 14 – 7 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
(2) RECIPIENT agrees to complete each defined PROJECT, or the identified PROJECT Phase/Component thereof, described in the PROGRAM SUPPLEMENT adopting all of the terms and conditions of this AGREEMENT.

(3) A financial commitment of actual PROJECT funds will only occur in each detailed and separate PROGRAM SUPPLEMENT. No funds are obligated by the prior execution of this AGREEMENT alone.

(4) RECIPIENT further agrees, as a condition to the release and payment of the funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants and Conditions attached to or made a part of the PROGRAM SUPPLEMENT identifying and defining the nature of that specific PROJECT.

(5) The PROGRAM SUPPLEMENT shall include: a detailed Scope of Work conforming to the included Project Description, a Project Schedule, an Overall Funding Plan, and a Project Financial Plan as required by the applicable Program Guidelines.

a. The Scope of Work shall include a detailed description of the PROJECT and will itemize the major tasks and their estimated costs.
b. The Project Schedule shall include major tasks and/or milestones and their associated beginning and ending dates and duration.
c. The Overall Funding Plan shall itemize the various PROJECT Components, the committed funding program(s) or source(s), and the matching funds to be provided by RECIPIENT and/or other funding sources, if any [these Components include Environmental and Permits; Plans, Specifications and Estimates (PS&E); Right-of- Way (ROW); and Construction (including transit vehicle acquisition)]. d. The Project Financial Plan shall identify estimated expenditures for each PROJECT Component by funding source.

(6) Adoption and execution of the PROGRAM SUPPLEMENT by RECIPIENT and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM SUPPLEMENT as though fully set forth therein, shall be sufficient to bind RECIPIENT to these terms and conditions when performing the PROJECT. Unless otherwise expressly delegated to a third-party in a resolution by RECIPIENT’s governing body, which delegation must be expressly assented to and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed by RECIPIENT.

(7) The estimated cost and scope of each PROJECT will be as described in the applicable PROGRAM SUPPLEMENT. STATE funding participation for each PROJECT is limited to those amounts actually encumbered by STATE as evidenced in that applicable PROGRAM SUPPLEMENT. A contract awarded by RECIPIENT for PROJECT work in an amount in excess of said approved estimate or the PROGRAM SUPPLEMENT funding limit may exceed any said PROGRAM SUPPLEMENT cost estimate and the limits of STATE’s participation provided:

City Council 14 – 8 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
a. RECIPIENT provides the necessary additional funding, or b. A cost increase in STATE’s share of PROJECT funding is first requested by RECIPIENT (before the cost overrun occurs) and that increase is approved by STATE in the form of an Allocation Letter comprising the encumbrance document for that increased STATE funding level.

(8) State programmed fund amounts may be increased to cover PROJECT cost increases only if:

a. Such funds are available;
b. STATE concurs with that proposed increase; and
c. STATE issues an approved Allocation Letter, Fund Shift Letter, or a Time Extension Letter with additional funding as stated in an executed amendment to that PROGRAM SUPPLEMENT.

(9) When additional State programmed funds are not available, RECIPIENT agrees that reimbursements of invoiced PROJECT costs paid to RECIPIENT will be limited to, and shall not exceed, the amounts already approved in the PROGRAM SUPPLEMENT containing the STATE approved encumbrance documents and that any increases in PROJECT costs above that STATE supported funding level must be defrayed by RECIPIENT with non-State funds.

(10) For each approved PROGRAM SUPPLEMENT, RECIPIENT agrees to contribute at least the statutorily or other required local contribution of appropriate matching funds (other than State funds) if any matching funds are specified within the PROGRAM SUPPLEMENT, or any attachment thereto, toward the actual cost of the PROJECT or the amount, if any, specified in an executed SB 2800 (Streets and Highways Code section 164.53) Agreement for local match fund credit, whichever is greater.

RECIPIENT shall contribute not less than the required match amount toward the cost of the PROJECT in accordance with a schedule of payments as shown in a Project Financial Plan prepared by RECIPIENT as part of a PROGRAM SUPPLEMENT.

(11) Upon the stated expiration date of this AGREEMENT, any PROGRAM SUPPLEMENTS executed under this AGREEMENT for a PROJECT with work yet to be completed pursuant to the approved Project Schedule shall be deemed to extend the term of this AGREEMENT only to conform to the specific PROJECT termination or completion date contemplated by the applicable PROGRAM SUPPLEMENT to allow that uncompleted PROJECT to be administered under the extended terms and conditions of this AGREEMENT.

(12) Total project cost includes the cost of a project for all phases (Plans, Specifications, and Estimates (PS&E), Project Approval and Environmental Document (PA&ED) Right-of- Way (ROW), and Construction (CON) including rolling stock) of a Project from start to finish.

City Council 14 – 9 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
B. Project Overrun

(1) If RECIPIENT and STATE determine, at any time during the performance of a PROJECT, that the PROJECT budget may be exceeded, RECIPIENT shall take the following steps:

a. Notify the designated STATE representative of the nature and projected extent of the overrun and, within a reasonable period thereafter, identify and quantify potential cost savings or other measures which RECIPIENT will institute to bring the Project Budget into balance; and

b. Schedule the projected overrun for discussion at the next Quarterly Review meeting; and

c. Identify the source of additional RECIPIENT or other third party funds that can be made available to complete PROJECT.

C. Scope of Work

(1) RECIPIENT shall be responsible for complete performance of the work described in the approved PROGRAM SUPPLEMENT for the PROJECT related to the commitment of encumbered funds. All work shall be accomplished in accordance with the applicable provisions of the Public Utilities Code, the Streets and Highways Code, the Government Code, and other applicable statutes and regulations.

(2) RECIPIENT acknowledges and agrees that RECIPIENT is the sole control and manager of each PROJECT and its subsequent employment, operation, repair and maintenance for the benefit of the public. RECIPIENT shall be solely responsible for complying with the funding and use restrictions established by (a) the statutes from which these funds are derived, (b) the California Transportation Commission (CTC), (c) the State Treasurer, (d) the Internal Revenue Service, (e) the applicable PROGRAM SUPPLEMENT, and (f) this AGREEMENT.

D. Program Supplement Amendments

PROGRAM SUPPLEMENT amendments will be required whenever there are CTC-approved changes to the cost, scope of work, or delivery schedule of a PROJECT from those specified in the original PROJECT Application and the original PROGRAM SUPPLEMENT. Those changes shall be mutually binding upon the Parties only following the execution of a PROGRAM SUPPLEMENT amendment.

Section 2. Allowable Costs and Payments

A. Allowable Costs and Progress Payment Vouchers

(1) Not more frequently than once a month, but at least quarterly, RECIPIENT will prepare and submit to STATE (directed to the attention of the appropriate State District City Council 14 – 10 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
Transit Representative) signed Progress Payment Vouchers for actual PROJECT costs incurred and paid for by RECIPIENT consistent with the Scope of Work document in the PROGRAM SUPPLEMENT and STATE shall pay those uncontested allowable costs once the voucher is approved. If no costs were incurred during any given quarter, RECIPIENT is exempt from submitting a signed Progress Payment Voucher; but is still required to present a progress report at each Quarterly Review.

(2) STATE shall not be required to reimburse more funds, cumulatively, per quarter of any fiscal year greater than the sums identified and included in the PROJECT Financial Plan. However, accelerated reimbursement of PROJECT funds in excess of the amounts indicated in the Project Financial Plan, cumulatively by fiscal year, may be allowed at the sole discretion of STATE if such funds are available for encumbrance to fulfill that need.

(3) Each such voucher will report the total of PROJECT expenditures from all sources (including those of RECIPIENT and third parties) and will specify the percent of State reimbursement requested and the fund source. The voucher should also summarize State money requested by PROJECT component (environmental and permits, plans specifications, and estimates (PS&E); right of way; construction; rolling stock; or--if bond funded--private activity usage) and phase, and shall be accompanied by a report describing the overall work status and progress on PROJECT tasks. If applicable, the first voucher shall also be accompanied by a report describing any tasks specified in the PROGRAM SUPPLEMENT which were accomplished prior to the Effective Date of this AGREEMENT or the PROGRAM SUPPLEMENT with costs to be credited toward any required local contribution described in Article II, Section 1 of this Agreement (but only if expended pursuant to any applicable prior executed Agreement for Local Match Fund Credit between RECIPIENT and STATE).

(4) An Indirect Cost Rate Proposal and/or Central Service Cost Allocation plan and related documentation approved under cognizant agency regulations are to be provided to STATE (Caltrans Audits & Investigations) annually for their review, and approval and filing prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for reimbursement.

B. Advance Payments (TCR Projects Only)

(1) Advance reimbursements or payments by STATE are not allowed except in the case of TCR funded Projects, and only then when expressly authorized by the CTC.

(2) In order to receive a CTC approved TCR payment advance, RECIPIENT must provide duplicate signed invoices to STATE requesting payment of that authorized advance.

(3) For TCR Projects approved for advanced payment allocation by the CTC, said advance payment shall be deposited by RECIPIENT in an interest bearing account held by institutions with long-term credit ratings of “AA” or better from at least two nationally recognized credit rating agencies, or in instruments issued by and secured by the full faith and credit of the U.S. Government or by an agency of the U.S. Government. No City Council 14 – 11 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
TCR interest earnings may be spent on the PROJECT. Interest earned shall be recorded and documented from the time the TCR funds are first deposited in RECIPIENT’s account until all the approved TCR advance funds have been expended or returned to STATE together with all accrued interest. Interest earned shall be reported to STATE’s Project Coordinator on an annual basis and upon the final PROJECT payment when interest earnings, overpayments, and unexpended advanced TCR funds shall be returned to STATE no later than thirty (30) days after PROJECT completion or termination of the PROGRAM SUPPLEMENT, whichever is first in time.

(4) Advanced funds are to be expended only as indicated in the approved TCR Application.

RECIPIENT must be able to document the expenditures/disbursement of funds advanced to only pay for actual allowable PROJECT costs incurred.

(5) Except as expressly allowed hereinbelow, non-TCR funds and TCR project funds not authorized for advance payment can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by RECIPIENT no earlier than the effective date of this AGREEMENT and not incurred beyond the AGREEMENT/PROGRAM SUPPLEMENT Termination Date.

(6) Where advance payments are authorized in a PROGRAM SUPPLEMENT, RECIPIENT must report and document the expenditure/disbursement of funds advanced to pay for actual eligible PROJECT costs incurred, at least quarterly, using a Progress Payment Voucher to be approved by STATE’s District Project Administrator.

C. Expedited Payments

Should RECIPIENT have a valid Memorandum of Understanding (MOU) for “Expedited Payment” on file with STATE’s Accounting Service Center, RECIPIENT will, not more frequently than as authorized by that MOU, prepare and submit to STATE an Expedited Payment Invoice for reimbursements that are consistent with that MOU, this AGREEMENT, and the applicable PROGRAM SUPPLEMENT. Expedited Payments are subject to policies established in the Caltrans Accounting Manual. One time payments and final payments eligible for expedited pay pursuant to this Section will have ten percent (10%) of each invoice amount withheld until PROJECT completion and STATE has evaluated RECIPIENT’s performance and made a determination that all requirements assumed under this AGREEMENT and the relevant PROGRAM SUPPLEMENT have been satisfactorily fulfilled by RECIPIENT.

D. Advance Expenditure of Local Funds

Government Code section 14529.17 (AB 872) allows public agencies to expend their own funds on certain programmed projects prior to the CTC’s allocation of funds, and, upon receipt of CTC approval, to then seek reimbursement for those allowable prior expenditures following execution of a PROGRAM SUPPLEMENT wherein STATE acknowledges and accepts those statutorily authorized prior expenditures as a credit towards a required RECIPIENT match, (if any) or as eligible PROJECT expenditures for reimbursement.

City Council 14 – 12 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
E. Travel Reimbursement

Payments to RECIPIENT for PROJECT related travel and subsistence expenses of RECIPIENT forces and its subcontractors claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid rank and file State employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by RECIPIENT are in excess of those authorized DPA rates, then RECIPIENT is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by RECIPIENT on demand.

F. Final Invoice

The PROGRAM SUPPLEMENT Termination Date refers to the last date for RECIPIENT to incur valid PROJECT costs or credits and is the date that the PROGRAM SUPPLEMENT expires. RECIPIENT has one hundred and eighty (180) days after that Termination Date to make already incurred final allowable payments to PROJECT contractors or vendors, prepare the PROJECT Closeout Report, and submit the final invoice to STATE for reimbursement of allowable PROJECT costs before those remaining State funds are unencumbered and those funds are reverted as no longer available to pay any PROJECT costs. RECIPIENT expressly waives any right to allowable reimbursements from STATE pursuant to this AGREEMENT for costs incurred after that termination date and for costs invoiced to RECIPIENT for payment after that one hundred and eightieth (180
th) day following the PROJECT Termination Date.

ARTICLE II – GENERAL PROVISIONS

Section 1. Funding

A. Local Match Funds

Subparagraphs “(1) and (2)” within this Section 1.A. apply only to those PROJECTS where the PROJECT funding is programmed to require a local match. (See individual Program Guidelines for specific funding requirements).

(1) Except where specifically allowed by the applicable PROGRAM SUPPLEMENT, reimbursement of and credits for local matching funds will be made or allowed only for work performed after the Effective Date of a PROGRAM SUPPLEMENT and prior to the Termination Date unless permitted as local match PROJECT expenditures made prior to the effective date of the PROGRAM SUPPLEMENT pursuant to Government Code section 14529.17 or by an executed SB 2800 Agreement for Local Match Fund Credit.

(2) RECIPIENT agrees to contribute at least the statutorily or other required local contribution of matching funds (other than State or federal funds), if any is specified within the PROGRAM SUPPLEMENT or any attachment thereto, toward the actual cost of the PROJECT or the amount, if any, specified in any executed SB 2800 (Streets and Highways Code Section 164.53) Agreement for local match fund credit, whichever is greater.

City Council 14 – 13 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
RECIPIENT shall contribute not less than its required match amount toward the PROJECT cost in accordance with a schedule of payments as shown in the Project Financial Plan prepared by RECIPIENT and approved by STATE as part of a PROGRAM SUPPLEMENT.

B. Funding Contingencies

Delivery by STATE of all funds encumbered to reimburse allowable PROJECT costs pursuant to this AGREEMENT is contingent upon prior budget action by the Legislature, fund allocation by the CTC or the United States Department of Transportation, and submittal by RECIPIENT and approval by STATE of all PROJECT documentation, including, without limitation, that required by Government Code section 14085. In the event of the imposition of additional conditions, delays, or a cancellation or reduction in funding, as approved by the Legislature, the CTC or the United States Department of Transportation, RECIPIENT shall be excused from meeting the time and expenditure constraints set forth in the Project Financial Plan and the Project Schedule to the extent of such delay, cancellation or reduction and the PROGRAM SUPPLEMENT will be amended to reflect the resultant necessary changes in PROJECT funding, scope, or scheduling.

C. Funds Movement

RECIPIENT shall not make any proposed changes in any of the four PROJECT expenditure Components (Environmental and Permits, PS&E, Right-of-Way and Construction), including major equipment acquisitions without prior written STATE approval. STATE will also determine whether those proposed changes are significant enough to warrant CTC review.

Specific rules and guidelines regarding this process may be detailed in the applicable CTC Resolutions, including, but not limited to, numbers G-06-04 and G-06-20 or their successors.

Section 2. Audits and Reports

A. Cost Principles

(1) RECIPIENT agrees to comply with Title 2 Code of Federal Regulations 200 (2 CFR 200), Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards.

(2) RECIPIENT agrees, and will assure that its contractors and subcontractors will be obligated to agree to follow 2 CFR 200 and it shall be used to determine the allowability of individual Project cost items. Every sub-recipient receiving Project funds as a contractor or sub-contractor under this agreement shall comply with 2 CFR 200.

(3) Any PROJECT costs for which RECIPIENT has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR 200, are subject to repayment by RECIPIENT to STATE. Should RECIPIENT fail to reimburse moneys due STATE within thirty (30) days of demand, or within such other period as City Council 14 – 14 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due RECIPIENT from STATE or any third-party source, including but not limited to, the State Treasurer, the State Controller and the CTC.

B. Record Retention

(1) RECIPIENT agrees, and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT.

The accounting system of RECIPIENT, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of RECIPIENT, its contractors and subcontractors connected with PROJECT performance under this AGREEMENT and each PROGRAM SUPPLEMENT shall be maintained for a minimum of three (3) years from the date of final payment to RECIPIENT under a PROGRAM SUPPLEMENT and shall be held open to inspection, copying, and audit by representatives of STATE, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by RECIPIENT, its contractors, and subcontractors upon receipt of any request made by STATE or its agents. In conducting an audit of the costs and match credits claimed under this AGREEMENT, STATE will rely to the maximum extent possible on any prior audit of RECIPIENT pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by RECIPIENT’s external and internal auditors may be relied upon and used by STATE when planning and conducting additional audits.

(2) For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of RECIPIENT’s contracts with third parties pursuant to Government Code section 8546.7, RECIPIENT, RECIPIENT’s contractors and subcontractors and STATE shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to RECIPIENT under any PROGRAM SUPPLEMENT.

STATE, the California State Auditor, or any duly authorized representative of STATE or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions, and RECIPIENT shall furnish copies thereof if requested.

(3) RECIPIENT, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other City Council 14 – 15 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by STATE, for the purpose of any investigation to ascertain compliance with this AGREEMENT.

C. Quarterly Review

(1) Subject to the discretion of STATE, RECIPIENT and STATE agree to conduct, on a quarterly basis, on-site reviews of all aspects of the progress of each PROJECT.

RECIPIENT agrees, during each quarterly progress review, to inform STATE regarding:

a. Whether the PROJECT is proceeding on schedule and within budget; b. Any requested changes to the Project Description, Scope of Work, Project Schedule, Overall Funding Plan, or Project Financial Plan contained in a PROGRAM SUPPLEMENT;
c. Major construction accomplishments during the quarter; d. Any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties;
e. The status of the PROJECT budget; and
f. The status of critical elements of PROJECT.

(2) Quarterly reviews of RECIPIENT progress will include consideration of whether reported implementation activities are within the scope of the PROJECT PROGRAM SUPPLEMENT and in compliance with State laws, regulations, and administrative requirements.

Section 3. Special Requirements

A. California Transportation Commission (CTC) Resolutions

(1) RECIPIENT shall adhere to applicable CTC policies, as may be adopted or amended from time to time, governing eligibility, project management, use of funds including, but not limited to the “Timely Use of Funds” as stated in Resolution G-06-04, adopted April 26, 2006, addressing the expenditure and reimbursement of TCR funds and Resolution G-09-11, adopted October 14, 2009, to provide guidance for the use of Proposition 116 and STIP funds. All CTC resolutions, and/or successor resolutions in place at the time a PROGRAM SUPPLEMENT is executed, shall be applicable to all state funded projects including, but not limited to Prop 116, STIP, TCR funds, Proposition 1A, and the Road Repair and Accountability Act of 2017, respectively.

(2) RECIPIENT shall be bound to the terms and conditions of this AGREEMENT; the PROJECT application contained in the PROGRAM SUPPLEMENT (as applicable); and CTC Resolutions G-06-04, G-09-11 and/or their respective successors in place at the time the PROGRAM SUPPLEMENT is signed (as applicable) and all restrictions, rights, duties and obligations established therein on behalf of STATE and CTC shall City Council 14 – 16 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
accrue to the benefit of the CTC and shall thereafter be subject to any necessary enforcement action by CTC or STATE. All terms and conditions stated in the aforesaid CTC Resolutions and CTC-approved Guidelines in place at the time the PROGRAM SUPPLEMENT is signed (if applicable) shall also be considered to be binding provisions of this AGREEMENT.

(3) RECIPIENT shall conform to any and all permit and mitigation duties associated with PROJECT as well as all environmental obligations established in CTC Resolution G- 91-2 and/or its successors in place at the time a PROGRAM SUPPLEMENT is signed, as applicable, at the expense of RECIPIENT and/or the responsible party and without any further financial contributions or obligations on the part of STATE unless a separate PROGRAM SUPPLEMENT expressly provides funding for the specific purpose of hazardous materials remediation.

(4) RECIPIENT acknowledges when the PROGRAM SUPPLEMENT is executed the RECIPIENT is to comply with all CTC resolutions as adopted or currently amended as well as the guidelines, and policies applicable to state funded programs (or projects) including, but not limited to, Prop 116, STIP, TCR, Proposition 1A, and the Road Repair and Accountability Act of 2017.

B. RECIPIENT Resolution

(1) RECIPIENT has executed this AGREEMENT pursuant to the authorizing RECIPIENT resolution, attached as Attachment II to this AGREEMENT, which empowers RECIPIENT to enter into this AGREEMENT and which may also empower RECIPIENT to enter into all subsequent PROGRAM SUPPLEMENTS adopting the provisions of this AGREEMENT.

(2) If RECIPIENT or STATE determines that a separate Resolution is needed for each PROGRAM SUPPLEMENT, RECIPIENT will provide information as to who the authorized designee is to act on behalf of the RECIPIENT to bind RECIPIENT with regard to the terms and conditions of any said PROGRAM SUPPLEMENT or amendment and will provide a copy of that additional Resolution to STATE with the PROGRAM SUPPLEMENT or any amendment to that document.

C. Termination

(1) STATE reserves the right to terminate funding for any PROGRAM SUPPLEMENT upon written notice to RECIPIENT in the event that RECIPIENT fails to proceed with PROJECT work in accordance with the PROGRAM SUPPLEMENT, the bonding requirements, if applicable, or otherwise violates the conditions of this AGREEMENT and/or the PROGRAM SUPPLEMENT or the funding allocation such that substantial performance is significantly endangered.

City Council 14 – 17 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
(2) No such termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, RECIPIENT either cures the default involved or, if not reasonably susceptible of cure within said thirty (30)-day period, RECIPIENT proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to RECIPIENT of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, RECIPIENT and STATE shall meet to attempt to resolve any dispute.

(3) Following a fund encumbrance made pursuant to a PROGRAM SUPPLEMENT, if RECIPIENT fails to expend TCR/GENERAL FUND monies by June 30 of any applicable Fiscal Year that those funds would revert, those funds will be deemed withdrawn and will no longer be available to reimburse PROJECT work unless those funds are specifically made available beyond the end of that Fiscal Year through re- appropriation or other equivalent action of the Legislature and written notice of that action is provided to RECIPIENT by STATE.

(4) In the event STATE terminates a PROGRAM SUPPLEMENT for convenience and not for a default on the part of RECIPIENT as is contemplated in C (1) and (2) above of this Section 3, RECIPIENT shall be reimbursed its authorized costs up to STATE’s proportionate and maximum share of allowable PROJECT costs incurred to the date of RECIPIENT’s receipt of that notice of termination, including any unavoidable costs reasonably and necessarily incurred up to and following that termination date by RECIPIENT to effect such termination following receipt of that termination notice.

D. Third Party Contracting

(1) RECIPIENT shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by RECIPIENT, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

(2) Any subcontract entered into by RECIPIENT as a result of this AGREEMENT shall contain the provisions of ARTICLE II – GENERAL PROVISIONS, Section 2. Audits and Reports and shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

City Council 14 – 18 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
(3) To be eligible for local match credit, RECIPIENT must ensure that local match funds used for the PROJECT meet the General Provisions requirements outlined in this ARTICLE II in the same manner as required of all other PROJECT expenditures.

(4) In addition to the above, the preaward requirements of third party contractor/consultants with local transit agencies should be consistent with Local Program Procedures (LPP-00-05).

E. Change in Funds and Terms/Amendments

This AGREEMENT and the resultant PROGRAM SUPPLEMENTS may be modified, altered, or revised only with the joint written consent of RECIPIENT and STATE.

F. Project Ownership

(1) Unless expressly provided to the contrary in a PROGRAM SUPPLEMENT, subject to the terms and provisions of this AGREEMENT, RECIPIENT, or a designated subrecipient acceptable to STATE, as applicable, shall be the sole owner of all improvements and property included in the PROJECT constructed, installed or acquired by RECIPIENT or subrecipient with funding provided to RECIPIENT under this AGREEMENT. RECIPIENT, or subrecipient, as applicable, is obligated to continue operation and maintenance of the physical aspects of the PROJECT dedicated to the public transportation purposes for which PROJECT was initially approved unless RECIPIENT, or subrecipient, as applicable, ceases ownership of such PROJECT property; ceases to utilize the PROJECT property for the intended public transportation purposes; or sells or transfers title to or control over PROJECT and STATE is refunded the Credits due STATE as provided in paragraph (4) herein below.

(2) Should State bond funds be encumbered to fund any part of a PROJECT under this AGREEMENT, then, at STATE’s option, before RECIPIENT will be permitted to make any proposed change in use, RECIPIENT shall be required to first obtain a determination by Bond Counsel acceptable to the State Treasurer’s Office and STATE that a change in the operation, proportion, or scope of PROJECT as originally proposed by RECIPIENT will not adversely affect the tax exempt status of those bonds.

(3) PROJECT right-of-way, PROJECT facilities constructed or reconstructed on a PROJECT site and/or PROJECT property (including vehicles and vessels) purchased by RECIPIENT (excluding temporary construction easements and excess property whose proportionate resale proceeds are distributed pursuant to this AGREEMENT) shall remain permanently dedicated to the described public transit use in the same proportion and scope, and to the same extent as mandated in the PROGRAM SUPPLEMENT and related Bond Fund Certification documents, if applicable, unless STATE agrees otherwise in writing. Vehicles acquired as part of PROJECT, including, but not limited to, buses, vans, rail passenger equipment and ferry vessels, shall be dedicated to that public transportation use for their full economic life cycle, which, for the purpose of this AGREEMENT, will be determined in accordance with City Council 14 – 19 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
standard national transit practices and applicable rules and guidelines, including any extensions of that life cycle achievable by reconstruction, rehabilitation or enhancements.

(4) (a) Except as otherwise set forth in this Section 4, STATE, or any other STATE- assignee public body acting on behalf of the CTC, shall be entitled to a refund or credit (collectively the Credit), at STATE’s sole option, equivalent to the proportionate PROJECT funding participation received by RECIPIENT from STATE if RECIPIENT, or a sub-recipient, as applicable, (i) ceases to utilize PROJECT for the original intended public transportation purposes or (ii) sells or transfers title to or control over PROJECT. If federal funds (meaning only those federal funds received directly by RECIPIENT and not federal funds derived through or from the State) have contributed to the PROJECT, RECIPIENT shall notify both STATE and the original federal source of those funds of the disposition of the PROJECT assets or the intended use of those sale or transfer receipts.

(b) STATE shall also be entitled to an acquisition Credit for any future purchase or condemnation of all or portions of PROJECT by STATE or a designated representative or agent of STATE.

(c) The Credit due STATE will be determined by the ratio of STATE’s funding when measured against the RECIPIENT’s funding participation (the Ratio). For purposes of this Section 4, the State’s funding participation includes federal funds derived through or from STATE. That Ratio is to be applied to the then present fair market value of PROJECT property acquired or constructed as provided in (d) and (e) below.

(d) For Mass Transit vehicles, this Credit [to be deducted from the then remaining equipment value] shall be equivalent to the percentage of the full extendable vehicle economic life cycle remaining, multiplied by the Ratio of funds provided for that equipment acquisition. For real property, this same funding Ratio shall be applied to the then present fair market value, as determined by STATE, of the PROJECT property acquired or improved under this AGREEMENT.

(e) Such Credit due STATE as a refund shall not be required if RECIPIENT dedicates the proceeds of such sale or transfer exclusively to a new or replacement STATE approved public transit purpose, which replacement facility or vehicles will then also be subject to the identical use restrictions for that new public purpose and the Credit ratio due STATE should that replacement project or those replacement vehicles cease to be used for that intended described pre-approved public transit purpose.

(1) In determining the present fair market value of property for purposes of calculating STATE’s Credit under this AGREEMENT, any real property portions of a PROJECT site contributed by RECIPIENT shall not be included.

In determining STATE’s proportionate funding participation, STATE’s City Council 14 – 20 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
contributions to third parties (other than RECIPIENT) shall be included if those contributions are incorporated into the PROJECT.

(2) Once STATE has received the Credit as provided for above because RECIPIENT, or a sub-recipient, as applicable, has (a) ceased to utilize the PROJECT for the described intended public transportation purpose(s) for which STATE funding was provided and STATE has not consented to that cessation of services or (b) sold or transferred title to or control over PROJECT to another party (absent STATE approval for the continued transit operation of the PROJECT by that successor party under an assignment of RECIPIENT’s duties and obligations), neither RECIPIENT, subrecipient, nor any party to whom RECIPIENT or subrecipient, as applicable, has transferred said title or control shall have any further obligation under this AGREEMENT to continue operation of PROJECT and/or PROJECT facilities for those described public transportation purposes, but may then use PROJECT and/or any of its facilities for any lawful purpose.

(3) To the extent that RECIPIENT operates and maintains Intermodal Transfer Stations as any integral part of PROJECT, RECIPIENT shall maintain each station and all its appurtenances, including, but not limited to, restroom facilities, in good condition and repair in accordance with high standards of cleanliness (Public Utilities Code section 99317.8). Upon request of STATE, RECIPIENT shall also authorize State-funded bus services to use those stations and appurtenances without any charge to STATE or the bus operator.

This permitted use will include the placement of signs and informational material designed to alert the public to the availability of the State-funded bus service (for the purpose of this paragraph, "State-funded bus service" means any bus service funded pursuant to Public Utilities Code section 99316).

(4) Special conditions apply to any proposed sale or transfer or change of use as respects PROJECT property, facilities or equipment acquired with tax free State bond funds and RECIPIENT shall conform to those restrictions as set forth herein and in said bonds.

G. Disputes

STATE and RECIPIENT shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, RECIPIENT shall submit to the STATE’s District Contract Manager or designee a written demand for a decision regarding the disposition of any dispute arising under this agreement. The District Contract Manager shall make a written decision regarding the dispute and will provide it to the fund RECIPIENT. The fund RECIPIENT shall have an opportunity to challenge the District Contract Manager’s determination but must make that challenge in writing within ten (10) working days to the Mass Transportation Program Manager or his/her designee. [If the fund RECIPIENT challenge is not made within the ten (10) day period, the District Contract Manager’s decision shall become the final decision of the STATE.] STATE and RECIPIENT shall submit written, factual information and supporting City Council 14 – 21 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
data in support their respective positions. The decision of the Mass Transportation Program Manager or his/her designee shall be final, conclusive and binding regarding the dispute, unless RECIPIENT commences an action in court of competent jurisdiction to contest the decision in accordance with Division 3.6 of the California Government Code.

H. Hold Harmless and Indemnification

(1) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT, its agents and contractors under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT or any PROGRAM SUPPLEMENT or as respects environmental clean-up obligations or duties of RECIPIENT relative to PROJECT. It is also understood and agreed that, RECIPIENT shall fully defend, indemnify and hold the CTC and STATE and their officers and employees harmless from any liability imposed for injury and damages or environmental obligations or duties arising or created by reason of anything done or imposed by operation of law or assumed by, or omitted to be done by RECIPIENT under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT and all PROGRAM SUPPLEMENTS.

(2) RECIPIENT shall indemnify, defend and hold harmless STATE, the CTC and the State Treasurer relative to any misuse by RECIPIENT of State funds, PROJECT property, PROJECT generated income or other fiscal acts or omissions of RECIPIENT.

I. Labor Code Compliance

RECIPIENT shall include in all subcontracts awarded using PROJECT funds, when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code §§ 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective the date of Contract award by the RECIPIENT.

J. Non-Discrimination

(1) In the performance of work under this AGREEMENT, RECIPIENT, its contractor(s) and all subcontractors, shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age, marital status, family and medical care leave, pregnancy leave, and disability leave. RECIPIENT, its contractor(s) and all subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

RECIPIENT, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, City Council 14 – 22 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
Title 2, section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of RECIPIENT’s contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

(2) Should federal funds be constituted as part of PROJECT funding or compensation received by RECIPIENT under a separate Contract during the performance of this AGREEMENT, RECIPIENT shall comply with this AGREEMENT and with all federal mandated contract provisions as set forth in that applicable federal funding agreement.

(3) RECIPIENT shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

K. State Fire Marshal Building Standards Code

The State Fire Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any State-owned or State- occupied buildings per section 13108 of the Health and Safety Code. When applicable, RECIPIENT shall request that the State Fire Marshal review PROJECT PS&E to ensure PROJECT consistency with State fire protection standards.

L. Americans with Disabilities Act

By signing this Master Agreement, RECIPIENT assures STATE that RECIPIENT shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.).

M. Access for Persons with Disabilities

Disabled access review by the Department of General Services (Division of the State Architect) is required for all publicly funded construction of buildings, structures, sidewalks, curbs and related facilities. RECIPIENT will award no construction contract unless RECIPIENT’s plans and specifications for such facilities conform to the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

N. Disabled Veterans Program Requirements

(1) Should Military and Veterans Code sections 999 et seq. be applicable to RECIPIENT, RECIPIENT will meet, or make good faith efforts to meet, the 3% Disabled Veterans City Council 14 – 23 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
Business Enterprises goals (or RECIPIENT’s applicable higher goals) in the award of every contract for PROJECT work to be performed under these this AGREEMENT. (2) RECIPIENT shall have the sole duty and authority under this AGREEMENT and each PROGRAM SUPPLEMENT to determine whether these referenced code sections are applicable to RECIPIENT and, if so, whether good faith efforts asserted by those contractors of RECIPIENT were sufficient as outlined in Military and Veterans Code sections 999 et seq.

O. Environmental Process

Completion of the PROJECT environmental process (“clearance”) by RECIPIENT (and/or STATE if it affects a State facility within the meaning of the applicable statutes) is required prior to requesting PROJECT funds for right-of-way purchase or construction. No State agency may request funds nor shall any State agency, board or commission authorize expenditures of funds for any PROJECT effort, except for feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied with all appropriate documentation of compliance with or exemption from the California Environmental Quality Act (CEQA) (including, if as appropriate, an environmental impact report, negative declaration, or notice of exemption) under California Public Resources Code section 21080(b) (10), (11), and (12) provides an exemption for a passenger rail project that institutes or increases passenger or commuter services on rail or highway rights-of-way already in use.

P. Force Majeure

Each party will be excused from performance of its obligations where such non-performance is caused by any extraordinary event beyond its reasonable control, such as any non-appealable order, rule or regulation of any federal or state governmental body, fire, flood, earthquake, storm, hurricane or other natural disaster, epidemic, pandemic, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption, provided that the party excused hereunder shall use all reasonable efforts to minimize its non-performance and to overcome, remedy or remove such event in the shortest practical time.

Should a force majeure event occur which renders it impossible for a period of forty-five (45) or more consecutive days for either party to perform its obligations hereunder, the Parties agree to negotiate in good faith to amend the existing Master Agreement or Supplemental Agreement to deal with such event and to seek additional sources of funding to continue the operation of the Service.

ARTICLE III – SPECIAL PROVISIONS

Section 1. Bond Provisions (Applicable only to State Bond Funding encumbered against a specific Program Supplement).

City Council 14 – 24 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
A. General Bond Provisions

(1) If RECIPIENT enters into a management contract with a private party (including AMTRAK) for operation of rail, ferry or other transportation services in connection with PROJECT, RECIPIENT will obtain prior approval from Bond Counsel acceptable to STATE that the terms of that management contract meet the requirements of Internal Revenue Service Revenue Procedure 97-13 (as supplemented or amended) or any successor thereto (dealing generally with guidelines for when management contracts may be deemed not to create a "private use" of bond-financed property) or are otherwise acceptable. RECIPIENT must also be prepared to certify, upon request of STATE, that the revenues which RECIPIENT (or its manager) will receive directly from the operation of transportation services in connection with PROJECT (but not including any subsidy of the transportation operation from taxes or other outside fund sources) are, for any fiscal year, less than the ordinary and necessary expenses directly attributable to the operation and maintenance of the transportation system (excluding any overhead or administrative costs of RECIPIENT).

(2) Except as provided in this Article III, A (1), STATE and RECIPIENT agree that any costs of PROJECT acquired or constructed by RECIPIENT allocable to portions of PROJECT which are subject to any property interests held by a non-governmental person(s) in connection with business activities, such as easements, leases, or fee interests, not generally enjoyed by the public (hereinafter referred to as “Non- Governmentally Used Property” or “NUP”) shall require the prior approval of STATE and the State Treasurer, as applicable. If RECIPIENT receives any revenues or profits from any NUP activities allowed pursuant to this Article (whether approved at this time or hereafter approved by STATE), RECIPIENT agrees that such revenues or profits shall be used exclusively for the public transportation services for which PROJECT was initially approved, either for capital improvements or operating costs. If RECIPIENT does not so dedicate those revenues or profits, a proportionate share shall (unless disapproved by Bond Counsel) be paid to STATE equivalent to the Ratio of STATE’s percentage of participation in PROJECT.

(3) Notwithstanding the foregoing, RECIPIENT may be authorized to receive an allocation of bond proceeds for NUP activity, in an amount not to exceed the amount specified in the PROGRAM SUPPLEMENT, if RECIPIENT submits a certified bond certification questionnaire to the STATE, and both the STATE and the State Treasurer approve the private activities contained therein.

(4) RECIPIENT shall not loan any portion of bond proceeds funding PROJECT to any private (including nonprofit) person or business. For this purpose, a “loan” includes any arrangement that is the economic equivalent of a loan, regardless of how it is named.

(5) Delivery by STATE of any bond funds is contingent on the sale of bonds by the State Treasurer. STATE shall not be held liable for any resulting damage or penalty to RECIPIENT in the event bond sales are delayed, canceled, or downsized or other City Council 14 – 25 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
AGREEMENT funds are restricted, limited or otherwise conditioned by acts of Congress, the Internal Revenue Service, the United States Department of Transportation, the Legislature, or the CTC.
(6) RECIPIENT shall, for the purposes of any State bond funded right of way acquisition which will become a permanent part of PROJECT (such acquisitions exclude temporary construction easements, property allocated to matching funds, and excess property purchased with State funds whose resale proceeds are returned or credited to STATE), maintain ownership of such PROJECT property for a minimum of twenty years or until the bonds have matured, whichever occurs first, before transferring or selling such property (subject to all refunds or Credits due STATE as provided hereinabove).

(7) Where RECIPIENT’s PROJECT includes a commuter rail PROJECT within the meaning of Proposition 116, RECIPIENT shall coordinate and share with other public transit operators any rail rights-of-way, common maintenance services and station facilities used for intercity and commuter rail. Intercity and commuter rail services shall be coordinated with each other, with other providers and with freight traffic to provide integrated rail passenger and freight services with minimal conflict.

(8) RECIPIENT agrees that all passenger vehicles, rail, and water borne ferry equipment, and all facilities acquired or constructed with Proposition 116 bond funds shall be accessible to persons with physical disabilities, including wheelchair users, at all stops, stations and terminals, whether or not staffed.

(9) NUP shall, for accounting and bookkeeping purposes, first be allocated to funding sources other than the State bond funds. For purposes of making such allocations, the costs attributable to NUP involving a sale, easement, lease or similar arrangement shall be determined on the basis of a fair allocation of value, which may include determinations based upon square meters/feet of the area encumbered by the NUP lease or easement relative to the total area acquired or constructed if all such area is of approximately equal value.

(10) NUP will include, but is not limited to, property which is sold (including sales of air and subsurface rights), and property subject to easements, leases or similar rights. A rail right of way will not be treated as NUP solely as a result of a Freight Use Easement retained by the seller of the right of way to RECIPIENT, provided that the sales agreement appropriately excludes the Freight Use Easement from the property or rights being acquired. Further, notwithstanding anything in this Article III to the contrary, RECIPIENT may allocate grant funds to the cost of any NUP if (a) neither RECIPIENT nor any other governmental entity will receive, directly or indirectly, any payments from or on behalf of the non-governmental user of the NUP, or (b) the payment from such user does not exceed the operation and maintenance costs fairly attributable or allocable to the non-governmental use of the NUP.

(11) RECIPIENT shall request, in writing, STATE’s advance approval if PROJECT funds are to be allocated to any NUP except "incidental use" property described below. If City Council 14 – 26 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
property, the costs of which have previously been allocated to PROJECT funds, is to become NUP before the State bond funds are fully paid or redeemed, then RECIPIENT may allocate the costs of such property to another funding source as provided or obtain STATE’s approval that the allocation of the costs of such property to the bond funds may remain. It is anticipated that STATE’s approval will be granted if, taking into account the existing and expected uses of the proceeds of the State bonds, STATE determines that the continued tax-exempt status of the State bonds will not be adversely affected and that the use of the property is consistent with PROJECT and its described purpose.

(12) For purposes of these fund source allocations, RECIPIENT does not have to consider NUP as including those "incidental uses" of PROJECT (for example, advertising billboards, vending machines, telephones, etc.) which meet the applicable requirements of federal tax regulations (IRS Notice 87-69 or any successor thereto). In general, such Notice requires that the incidental use not be physically separated from the rest of PROJECT and not comprise, in the aggregate, more than 2-1/2% of the total costs of PROJECT.

Section 2. TCRP PROJECTS

The TRAFFIC CONGESTION RELIEF (TCR) ACT OF 2000 (the “ACT”), was added (in Chapter 4.5, commencing with section 14556) to part 5.3 of Division 3 of Title 2 of the Government Code by AB 2928 and SB 406, as amended by SB 1662 and AB 1705. As directed by the ACT and the CTC established Guidelines (as set out in CTC Resolution G-06-04), and as those Guidelines may be amended prior to the execution of a future PROGRAM SUPPLEMENT, said Guidelines shall apply to each TCRP funded PROJECT. By this reference, those Guidelines are made an express part of this AGREEMENT and shall apply to each TCRP funded PROJECT. RECIPIENT will cause its specific TCRP mandated Resolution to be attached as part of any TCRP funded PROGRAM SUPPLEMENT as a condition precedent to the acceptance of TCR ACT funds for that PROJECT.

Section 3. PROJECT MANAGEMENT

(1) STATE’s PROJECT administrator for this AGREEMENT shall be the chief of the State Transit Grants Branch of the Division of Rail and Mass Transportation. RECIPIENT’s General Manager, Executive Director or a Designee as named in writing to STATE following execution of this AGREEMENT shall be the administrator acting for RECIPIENT.

(2) PROGRAM SUPPLEMENT administrators for STATE shall be the applicable District Division Chief for Planning and for RECIPIENT, the designee named in the applicable PROGRAM SUPPLEMENT.

City Council 14 – 27 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT by their duly authorized officers.

STATE OF CALIFORNIA RECIPIENT NAME:

DEPARTMENT OF TRANSPORTATION CITY OF SANTA ANA

DIVISION OF RAIL AND MASS

TRANSPORTATION
BY: BY:

KYLE GRADINGER, Chief
Division of Rail and Mass Transportation
Kristine Ridge
City Manager
AP

PROVED AS TO FORM AND PROCEDURE
S

TATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
BY:

Attorney, California Department of
Transportation
City Council 14 – 28 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020

ATTACHMENT I

CTC RESOLUTION G-91-2
Passed by the CTC on February 21, 1991

CALIFORNIA TRANSPORTATION COMMISSION
RESOLUTION G-9l-2
Commission Policy Resolution for Hazardous Waste Identification and Cleanup for Rail Right-of-Way

WHEREAS, the Commission has programmed funding for rail right -of-way acquisition in the 1990 State Transportation Improvement Program and may allocate funds for rail right -of-way acquisition from the Clean Air and Transportation Improvement Act; and

WHEREAS, hazardous wastes, based upon federal and state statutes and regulations, include but are not limited to such categories as heavy metals, (e.g., lead), inorganic (e.g., excessive mineral levels) and organic compounds (e.g., petroleum products), and can occur on a property's surface and subsurface; and

WHEREAS, rail properties often have hazardous wastes exceeding State of California and federal hazardous waste standards; and

WHEREAS, such properties contaminated with hazardous wastes require mitigation prior to using them for rail purposes; and

WHEREAS, hazardous wastes discovered on rail property may significantly impact property value, project scheduling and future liability for the grant applicant; and

WHEREAS, the Commission must be assured that acquisition of rail properties have been fully reviewed by the grant applicant, and if warranted, the grant applicant has tested for hazardous wastes; and

WHEREAS, if hazardous wastes exist, the Commission must be assured that the hazardous wastes identified has either been cleaned up, or financial responsibility for the cleanup has been determined prior to title transfer to the grant applicant, or easement has been secured in lieu of purchasing the property, and the subsurface rights and liability for hazardous wastes remain with the property seller; and

WHEREAS, hazardous wastes identified subsequent to title transfer to the grant applicant will be cleaned up by the seller or a mechanism to recover clean- up-costs is established and executed as a condition prior to title transfer; and

WHEREAS, full due diligence is necessary in discovering hazardous waste and is an essential element in acquiring rail right-of-way properties by the grant applicant; and

NOW THEREFORE BE IT RESOLVED, that acquisition of all rail right -of-way properties will be fully investigated by the grant applicant to determine the absence/presence of hazardous wast es. Investigations shall be conducted in accordance to the standards and practices of the local, state and/or federal regulatory agencies having jurisdiction and by personnel adequately trained in hazardous waste investigation; and

City Council 14 – 29 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020
-2-

BE IT FURTHER RESOLVED, that all properties, discovered with hazardous wastes, which exceed the federal/state standards, will be cleaned up to the satisfaction of the responsible local, state and/or federal regulatory agency. The appropriate regulatory agency shall certify to grant applicant that the cleanup has been completed; and

BE IT FURTHER RESOLVED, that the grant applicant will certify by formal resolution to the Commission that all reasonable steps have been completed to assure full due diligence in the discovery o f hazardous waste has been achieved during the acquisition of rail right -of-way and the state is held harmless from cleanup liability or damages, both present and future; and

BE IT FURTHER RESOLVED, that the grant applicant will certify by formal resoluti on that it will not seek further state funding, for cleanup, damages, or liability cost associated with hazardous wastes on or below acquired property's surface; and

BE IT FURTHER RESOLVED, that the grant applicant will certify to the Commission:

• that all rail right-of-way acquisition properties have been investigated and have been found clean; • or that the cleanup of discovered hazardous waste has been completed prior to acquisition of the property;
• or that the grant applicant has obtained permanent easement and the subsurface rights and liability and full responsibility to pay for and remove such hazardous waste remains with the seller in conformance with applicable State and Federal law;

• or if hazardous wastes are known to exist prior to acquisition and if the applicant determines that time is of the essence for acquisition, then and in that event, an enforceable agreement will be entered into requiring the responsible party(ies) to clean all hazardous wastes by a date certain, with the opt ion of funds sufficient for the clean-up costs deposited in escrow by the seller.

In the event of failure to clean up by the date determined, the recipient of the grant will make full restitution to the STATE for its participation. This resolve does not preclude the recipient from requesting re-allocation not to exceed the refunded amount after the hazardous waste(s) have been fully removed from the subject site; and

BE IT FURTHER RESOLVED, that the grant applicant will certify to the Commission that the seller from whom properties have been acquired retain liability for any hazardous waste investigation and/or cleanup, and damages discovered subsequent to the transfer of title; and

BE IT FURTHER RESOLVED, the Commission declares all future liability resulting from hazardous wastes remain with the seller or the grant applicant, not the state, and the grant applicant has been indemnified by the seller for any costs resulting from failure to eliminate hazardous wastes; and

BE IT FURTHER RESOLVED, no state f unds will be made available for any future costs associated with cleanup; damages, or liability costs associated with hazardous wastes on or below the acquired property’s surface.

City Council 14 – 30 2/1/2022
City of Santa Ana
Master Agreement No. 64A0274

Revised December 23,2020

ATTACHMENT II

(INSERT AGENCY BOARD RESOLUTION)

City Council 14 – 31 2/1/2022
`
Resolution No. 2022-XXX

RESOLUTION NO. 2022-XXX
A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

ANA AUTHORIZING THE EXECUTION OF PROGRAM

SUPPLEMENTS FOR STATE -FUNDED TRANSIT PROJECTS
WH
EREAS, the City of Santa Ana may receive state funding from the California Department of Transportation ( “Department”) now or sometime in the future for transit projects; and
WH
EREAS, substantial revisions were made to the programming and funding process for the transportation projects programmed in t he State Transportation Improvement Program by Chapter 622 (SB 45) of the Statutes of 1997; and WH
EREAS, the statutes related to state- funded transit projects require a local or regional implementing agency to execute an agreement with the Department before it can be reimbursed for project expenditures; and
WH
EREAS, the Department utilizes Master Agreements for State-Funded Transit Projects, along with associated Program Supplements, for the purpose of administering and reimbursing state transit funds to local agencies; and WH
EREAS, the City wishes to delegate authorization to execute the Program Supplements and any amendments thereto to the Executive Director of Public Works, or his or her designee.

NO
W, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:

Section 1. T he Executive Director of Public Works, or his or her designee, i s hereby authorized to execute all Program Supplements for State-Funded Transit Projects, and any Amendments thereto, with the California Department of Transportation.

Section 2. The City of Santa Ana agrees to comply w ith all conditions and requirements set forth in these agreements and applicable statutes, regulations and guidelines for all state-funded transit projects.

Section 3. T his Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

AD
OPTED this _____ day of ____________, 2022.
______
__________________________
Vicente Sarmiento
Mayor
EXHIBIT 2
City Council 14 – 32 2/1/2022
`
Resolution No. 2022-XXX